Q: what is my legal stance on getting my final check from past employer who refuses to pay.
Past employer refuses to pay final check. Check is also missing correct overtime and commissions. claiming the check is going towards a minor fender bender I was apart of months prior in company truck on the clock. I exchanged insurance information and continued working, after I started a new job and it came time to pay my final check they refused because they didnt want to file insurance claim but instead pay out of pocket, with my money. This is months down the road as well. I had multiple checks in between these incidences. Saying I didnt follow company policy which holds my liable. I want to know if its worth going to small claims over is it something I can handle myself or should I seek representation? the claim would be for around 2200 depending on fees.
A: In Colorado you can either file a lawsuit or file a wage claim with the Colorado Department of Labor and Employment. Which is the better option for you is impossible to say without knowing more facts about your situation. You should talk to an employment attorney in Colorado. In some cases you can recover attorney's fees on unpaid wage claims.
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