Does an employer in Denver, CO have to pay me my earnings after I quit?

When an employee in Denver voluntarily quits or resigns from their position, it can cause a bit of tension to develop between them and the employer. This typically happens when an employee doesn’t give enough notice or there had already been some issues building between the two parties. While an employer may not be pleased with how things ended between them and their employee, that doesn’t give them the right to withhold the employee’s final paycheck.

According to the Colorado Department of Labor and Employment, employees who quit their job are to be paid their “wages and compensation, due and payable, upon the next regular payday.” The employer can pay them by cash, check, or direct deposit. While an employer is not legally permitted to keep a former employee’s final paycheck, there are still some deductions that could be taken out that could cause the employee’s final paycheck to be reduced significantly.

According to §8-4-105 of the Colorado Wage Act, employers are permitted to make the following deductions from wages or compensation of an employee:

• Any deductions that are “mandated by or in accordance with local, state, or federal law including, but not limited to, deductions for taxes, “Federal Insurance Contributions Act” (“FICA”) requirements, garnishments, or any other court-ordered deduction.”
• Any deductions that go toward an employee retirement plan.
• Payments for loans, advances, good or services, and equipment the employee received from their employer “pursuant to a written agreement between such employer and employee, so long as it is enforceable and not in violation of law.”
• Deductions to cover the replacement cost of products the employee allegedly stole from the employer. If an employer claims they withheld money from an employee’s final paycheck because they stole company property or goods, they must have filed a report with the police.
• Deductions for “hospitalization and medical insurance, other insurance, savings plans, stock purchases, supplemental retirement plans, charities, and deposits to financial institution.”
• Deductions for the value of property the employee failed to return to his/her employer upon being terminated. The law does say, however, that the employer only has “10 calendar days after the termination of employment to audit and adjust the accounts and property value of any items entrusted to the employee before the employee’s wages or compensation shall be paid as provided.”

What should I do if my employer in Denver, CO who won’t pay me my earnings after I quit?

In the event your Denver, CO employer is refusing to pay you, whether they are claiming you stole goods or failed to return company property (i.e. work uniforms), you can contact Anderson Barkley Law to speak with a Denver, CO employment law attorney. A lawyer can assess the situation and determine what the best course of action would be to take so that you receive the wages you are due.

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Contact Information:

Anderson Barkley Law
3900 E. Mexico Avenue, Suite 300
Denver, CO 80210
Phone: 720-506-1764