Employees have final pay rights

On Behalf of | Dec 20, 2021 | Wage & Hour Pay Disputes |

Being fired or losing a job is frightening and stressful. Along with making new career and financial plans and determining whether the firing was legal, workers should also remember that they are entitled to wage and compensation for their work.

Termination by employer

Workers possess rights under Colorado’s wage and hours laws if their employers terminate or interrupt their employment. Wages or compensation for labor or service earned, determinable and unpaid when the employee was discharged must be paid immediately.

There are two exceptions to this rule. First, there may be a short delay if the employee’s accounting office responsible for the drawing of checks is not regularly scheduled for operations. When this occurs, wages owed to the separated employee must be paid no later than six hours after the start of the accounting unit’s next business day.

When the accounting unit is located off the work premises, the employer shall deliver the check for unpaid wages no later than 24 hours after the beginning of the accounting unit’s next regular workday to a location selected by the employer. This location may be the work site, its local office or the worker’s last-known-mailing address. The postmark must be dated within these time periods if the wages are mailed.

Deductions

Employers may deduct money for property that the employee did not properly pay or return to their employer if that employee was entrusted with its collection, disbursement, or handling. Employers can audit and adjust the accounts and property value of any items entrusted to the employer 10 calendar days after the worker’s termination before their wages or compensation is paid.

Termination by employee

Workers who voluntarily quit or resign are entitled to receive their wages and compensation on their next regular payday. Wages must be paid by like a typical payday by check, cash, or direct deposit.

For timely payment of wages, Colorado’s Division of Labor Standards and Statistics interprets quitting or resigning when an employee does not show up for their scheduled work.

Attorneys can help workers receive their entitled wages. They can assist them with filing reports to the Department of Labor and commencing a lawsuit.