What steps do I need to take if a former employer is refusing to issue final paycheck?

I was fired from my job and being accused of theft. I was told that they do not think they were going to give me my last paycheck.

Asked on November 29, 2018 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, your employer cannot do this, that is nless you had a written agreement that permitted them to withhold your final paycheck under the circumstances. The fact is that an employee must be paid for all hours they work. Accordingly, withholding a paycheck is illegal. At this point, you can sue in small claims court for the amount owed you or file a wage complaint with your state's department of labor. You should, however note, this does not mean that you do not owe your employer regarding the theft. It's just that it is a seperate matter from your having the right to be paid.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, your employer cannot do this, that is nless you had a written agreement that permitted them to withhold your final paycheck under the circumstances. The fact is that an employee must be paid for all hours they work. Accordingly, withholding a paycheck is illegal. At this point, you can sue in small claims court for the amount owed you or file a wage complaint with your state's department of labor. You should, however note, this does not mean that you do not owe your employer regarding the theft. It's just that it is a seperate matter from your having the right to be paid.


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