Sue Employer for Unpaid Wages in Colorado

If a worker has noticed that their employer has not paid them all of the salary, wages, or benefits that they are entitled to receive in a pay period, it is a form of wage theft under Colorado labor laws and paycheck laws. Examples of things employers can do that will be considered unpaid wages can include:

• Not giving the worker the correct compensation for their earned overtime
• Taking too much from the worker’s pay for tips
• Incorrectly classifying the worker on purpose so they will not earn the proper amount of overtime

Wage theft may also be called withholding salary or withholding wages. Examples of how employers can incorrectly pay a worker may include:

• Clerical or administrative pay errors
• Withholding overtime wages
• Not providing or improperly providing paid leave or other types of benefits
• Not paying a worker back for their work related out of pocket expenses
• Not paying a worker the proper minimum wage amount
• Not paying the worker if they file for disability
• Intentionally miscategorizing a worker so they will not be paid what they should be
• Failing to pay a worker for the time they worker, also referred to as making them work off the clock

Federal laws, as well as Colorado laws, outline the minimum wage that the majority of workers have to be paid. Under overtime laws, there are some workers who are entitled to earn overtime pay if they work more than a certain number of hours each day or week.

A worker may have also signed an employment contract or an employment agreement. These are agreements that outline the salary and benefits the worker will earn in exchange for completing their duties.

When a worker’s employer does not pay them the full amount they earned or if they are not provided all of their earned benefits under the contract, the employer has breached the employment contract.

What Should I Do if My Employer Has Not Paid Me?

In Colorado, a worker may have several different options to obtain pay their employer did not provide. Workers who earned wages on an hourly basis must be paid minimum wage in addition to overtime in some situations under Colorado employment laws.

When an individual’s employer has not giving them what they have earned, they may have different options, such as:

• A wage complaint
• A federal lawsuit
• Assistance from a union

Wage complaint

One of the first things a worker can do if they do not receive proper may is to file a complaint with the Wage and Hours Division (WHD) of the U.S. Department of Labor. It is important for workers to know that there may be statutes of limitations, or time limits, that apply to these claims.

Federal lawsuit

In certain situations, a worker may be eligible to file a federal lawsuit against their employer. These lawsuits may be filed up to two years after the violation date or the date the wages became unpaid.

If a worker’s employer purposefully engaged in the violation, the statute of limitations for a federal lawsuit is three years. A worker will not be eligible to file a lawsuit if they already got compensation after they filed a complaint with the WHD.

Unions

When a worker is a union member, they can try to have their wage issues resolved by notifying a union representative. The union may be able to help them resolve the issue with their employer.

To get additional information on the possible ways to resolve a Colorado unpaid wages claim, an individual should consult with a local Colorado lawyer.

How Do I File an Unpaid Wages Complaint?

If a worker has a wage issue that results from a simple oversight or mistake, they may be able to resolve it through their employer’s Human Resources department. In cases where the HR department cannot resolve the issue, the worker may be able to file a lawsuit.

Employers cannot punish or terminate workers who file unpaid wages claims. A worker can file an unpaid wages complaint through their attorney.

In order to obtain unpaid wages, a worker may need to:

• Give their employer notice that their wages are unpaid and request compensation
• Report the employer’s violation of the Fair Labor Standards Act (FLSA) to the Wage and Hour Division (WHD) of the U.S. Department of Labor
• File an unpaid wages complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC)
• File a civil lawsuit

If many different workers have not been paid by the same employer, it may be possible to file a class action lawsuit. Unpaid wage issues and wrongful termination claims may also include claims of employment discrimination based on the worker’s gender, race, or other characteristics.

How Much Can I Sue for Unpaid Wages?

The monetary amount a worker will be able to ask for in an unpaid wages claim will depend on how much their employer owes them. Generally, workers can request and receive the amount of unpaid wages they are owed in addition to court costs and attorney’s fees.

What Are the Legal Consequences and Remedies for Unpaid Wages?

Employers are not permitted to withhold wages workers have earned. If they do, they may face an unpaid wages lawsuit and the consequences may include:

• The employer having to pay civil fines
• The employer facing the suspension or loss of their business license
• Reviewing and revising current company policies
• Revising the policies that led to the unpaid wages issue
• Terminating the supervisor or other worker who was responsible for the unpaid wages
• Paying the worker compensatory damages for their lost wages and other costs

There are some cases in which the compensatory damages will totally compensate the worker. There may also be other remedies that may be awarded in unpaid wages claims, such as:

• Reviewing the employer’s policies
• Providing the worker all the wages they earned
• Reinstating the worker to their previous position
• Paying punitive damages when the employer’s conduct was willful and outrageous

How Can I Prove an Unpaid Wages Claim?

Usually, unpaid wages are based on documents proving the worker’s unpaid wages. When this type of lawsuit is filed, it will usually require a review of relevant records, documents, and witness statements.

Examples of the types of documents that are often used as evidence in unpaid wage claims include:

• Timesheets
• Receipts
• Tax papers, such as W2s
• Pay stubs
• Other types of relevant documents

Workers need to keep records of all of the wages and overtime amounts that they earn. This should be done whether a worker is currently involved in a dispute or not so they can be prepared if they have any types of issues in the future.

What Kind of Lawyer Do I Need for Unpaid Wages Claims?

When you are having issues collecting all of the wages you earned in Colorado, it is important to reach out to a Colorado employment attorney as soon as you can. Your attorney will be able to help you resolve your issue and obtain your unpaid wages.

You can use LegalMatch’s quick and free lawyer matching services in as little as 15 minutes to find a lawyer in your area who can help you get your pay. It usually takes only about 24 hours for you to receive responses from licensed attorneys who can help you obtain your unpaid wages.