In today’s atmosphere of high unemployment, those hard working employees who show up and faithfully execute the duties of their jobs rightfully expect to be fairly compensated for their efforts.
Yet there are employers who, for a variety of reasons, fail to pay their employees in a reasonable and fair manner. The Denver employment attorneys at Lonn Heymann Law Firm, P.C. want you to know that if you feel you have not been adequately compensated on the job, you may have cause for civil or criminal action against your employer in an effort to obtain back pay and interest payments on wages owed.
The Colorado Wage Claim Act legally requires an employer to make payments to any employee for the work they perform in a timely manner. In some cases, an employer may attempt to delay or otherwise refuse to pay an employee, which is illegal under Colorado and federal wage laws.
In 2002, in a decision that overturned a previous ruling by a Colorado District Court, the Colorado Supreme Court ruled that a company’s officers and directors could not be held personally responsible for any unpaid employee wages.
However, if you have not been paid for wages earned through working for a bankrupt or financially unstable company, you may still be eligible to file a criminal action or sue the employer’s officers or directors for breaching their fiduciary duties. Consulting with a Colorado employment attorney who possesses a full and thorough knowledge of all state and federal wage claim laws is your best course of action if you feel an employer has not fairly and justly compensated you.
In Colorado, the willful refusal to pay earned employee compensation by an entity that has the ability to do so is a criminal act. Many employees are unaware of their rights under the Colorado Wage Claim Act, including the fact that even if they quit their job, they are still owed any unpaid bonus payments, as well as compensation for any unused vacation time pay.
With the recent increase in employees being laid off, terminated or otherwise “downsized” out of their job, many instances involve the difficulty the (former) employee may encounter in their efforts to be paid for the work they performed prior to being terminated. The Wage Claim Act outlines specific requirements of the employer, as well as the employee. For example, the employee must notify the employer in writing within 60 days of termination that they are seeking fair and just compensation for the amounts they feel they are owed. This may include any unpaid hourly wage or weekly salary, unpaid bonuses, commissions or vacation pay, and unpaid business-related expenses incurred by the employee.
If you are not paid within the timeframe of your next regularly scheduled pay period, you may be eligible to receive an amount equal to twice the amount you are seeking.
Attempting to seek compensation via the Wage Claim Act is best handled by a Colorado employment lawyer with a proven track record of success in dealing with the many details of employment and wage law.
If you feel you may be entitled to unpaid wages or other monies owed you by an employer, call the office of Lonn Heymann Law Firm, P.C. today to schedule a no obligation consultation to review your case. We are prepared to research your specific situation, and aggressively represent you and your legal rights in our efforts to get you the money you rightly deserve.
