CanI sue my former employer for withholding my pay?

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CanI sue my former employer for withholding my pay?

I used to work for a translating company. And in the last job that I did, I turned in my forms late. Due to this, my ex-boss is saying that they are not going to pay me. I e-mailed them and called them couple of times but they seem to ignore me. And it’s been over a year now and I still haven’t gotten paid. What should I do?

Asked on January 18, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue them for not paying you--whether you turned your form in late or not, they had to pay you unless there was an employment agreement which provided for nonpayment in the event of providing the forms late. Other than that one narrow exception, you must be paid.

You can sue for your money, but if you're going to do this, do it fast! If more than a year has passed, you may be running out of time (if you haven't already): there is a distinct amount of time, called a "statute of limitations," for bringing a lawsuit. If you don't file in time, you *can't* file--you will be out of luck and unable to take legal action to get your money.


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