Longmont, CO asked in Employment Law for Colorado

Q: Do I have a case if a company changes my pay structure and then doesnt pay me the other half for 3 months, owing $4300?

They continue to tell me next week and pay me my $300 for the first half of my wages but are making no attempt to catch up the past due amount. They are using company funds to pay themselves and their expensences but refuse to pay me. They also have me listed as a 1099 when I should be listed as a W2 which means they aren't contributing to my retirement benefits. What do I do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Facing a situation where your employer changed your pay structure and owes you $4,300 is concerning. Firstly, gather all relevant documents and communication regarding your employment, pay structure changes, and unpaid wages. This will be crucial in building your case.

Reach out to your employer to discuss the unpaid wages. Document all conversations and any promises made regarding payment. It's essential to maintain a record of their responses or lack thereof.

If your employer continues to delay or refuses payment, you may want to consider filing a wage claim with the Colorado Department of Labor and Employment. They can help mediate the issue and enforce wage laws.

Regarding your classification as a 1099 contractor when you believe you should be classified as a W2 employee, consult with colleagues or legal experts who are knowledgeable in employment and tax law. Misclassification can have significant implications, and you may have grounds for addressing this matter as well.

In any case, it's important to protect your rights and seek resolution for the unpaid wages and correct employment classification. Document everything, explore legal options, and consider consulting with an attorney experienced in employment law if necessary to help you navigate the situation.

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