What are my options if I worked for a restaurant about 3 weeks ago but stopped because all of my tips checks were being bounced?

I have 3 now still in my hands, plus I’m owed another check which has still never been given to me. I have had multiple attempts at calling him but always ending up with that he doesn’t have it or maybe next week. It’s been over 4 months. I called the Labor Board but was told that I was better off going to small claims court. Yet I feel a little silly spending more money when I haven’t recieved money in such a long time.

Asked on June 4, 2014 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The labor board was correct: the way you recover money which another owes you, such as giving you checks which bounce or not paying you at all, is by suing them. If it's not worth it economically to sue (though the cost of being your own attorney in small claims court is very low--usually around  $30) or you don't want to sue your employer for other reasons, you don't really have any other recourse. The best thing to do, though, is to look for another job--one that does not involve an employer who cheats you and/or is so insolvent that it's checks bounce and it can't pay you.


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