If I have been laid off, am I entitled to receive the remaining pay owed to me?

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If I have been laid off, am I entitled to receive the remaining pay owed to me?

I have fulfilled my 200 day contract with a school district – confirmed with HR by letter and email verification. The company I work for spreads my pay over 12 months; I have 2 months left with which to receive pay and benefits. I am currently unemployed and have no employment with them next year; I have been laid off. Accordingly, am I not entitled to receive all remaining pay upon my being laid off and fulfilling my contract?

Asked on June 9, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were an an employee, you are entitled to be paid for ALL days worked. If you were an independent contractor, you are entitled to be paid the full sum due you under your contract, so long as you fulfilled your own obligations under the contract. From what you write therefore--that you "fulfilled my 200 day contract...confirmed with HR" it would appear that you are therefore due all the pay owed you, for all the days you worked. If you do not receive that pay, you should contact an employment attorney and/or contact the department of labor; you should have rights here (the right to all the pay, for all the work you did) which you can look to enforce. Good luck.


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