What should I do I quit my job almost a month ago but I still haven’t received my final paycheck?

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What should I do I quit my job almost a month ago but I still haven’t received my final paycheck?

The company paid weekly and it was under 1099. I called the company twice and the receptionist said that the boss just had to sign it. I asked her if I can come in and get it and she said no. I have an employee who still works there and they received their paycheck.

Asked on June 5, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were an employee, in Colorado, if you quit, then you must be paid by the next regularly scheduled payday (i.e. by when you would have been paid next, had you not quit).

If you were an independent contractor, which you may have been if you were paid on a 1099 basis, then the law about when employees are due pay does not apply to you; you must be paid as per the agreement (written or oral) between you and the employer as to when you would be paid. In the absence of an explicit agreement on that subject, you should be paid in accordance with the reasonable expectations of the two parties (you and the employer), which in the absence of terms to the contrary, may be derived from when and how you were paid previously--e.g. if paid biweekly, you should have received your final paycheck at the next biweekly pay period.

If you are not paid when due as either employee or independent contractor, you may sue your employer for your pay. Small claims court, where you can act as your own attorney, cases move relatively quickly, and the filing fee is low, may be a good option.


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