How can I get an unpaid final paycheck in Colorado?
Under Colorado law, wages earned and unpaid at separation are generally due immediately if the employer fires you, and on the next regular payday if you quit. If an employer does not pay when required, the law allows employees, agents, or the Division of Labor to send a written demand and pursue penalties or a claim. Remedies and timing depend on whether wages were earned, vested, or payable under the employment agreement, and on how long the unpaid wages have been due.
Commonly people start with a written demand to the employer and may then file a wage claim with the state division or pursue a civil action. The statute of limitations and whether wages were vested or subject to deductions can affect available remedies and recoverable amounts.
Current Colorado law
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The deadline that matters
A claim must generally be started within two years after the cause of action accrues; the clock begins when each wage first became due and payable, and will be three years for willful violations.
What Colorado law says
The Colorado Wage Claim Act requires prompt payment of wages at separation: wages earned, vested, determinable, and unpaid at discharge are due immediately, with a short window for the employer's payroll unit to make the check available, and if wages are not made available within 60 days the employer must mail the check to the employee's last-known address under Colo. Rev. Stat. § 8-4-109. Regular pay periods and pay statements are governed by Colo. Rev. Stat. § 8-4-103, which also requires itemized pay statements and recordkeeping. Allowed payroll deductions are limited by Colo. Rev. Stat. § 8-4-105. If an employer refuses to pay, the employee, a designated agent, or the Division may send a written demand for payment as contemplated in Colo. Rev. Stat. § 8-4-109. The statute of limitations for wage claims runs from the date each wage first became due and payable, not from separation, as explained in Hernandez v. Ray Domenico Farms, Inc..
What to do
A common first step is to send a written demand to the employer asking for the unpaid wages, noting the dates and amounts owed.
A common next step is to request an itemized pay statement or review pay statements the employer furnished, as required by Colo. Rev. Stat. § 8-4-103.
A common option is to file a wage claim with the Colorado Division of Labor or seek the Division's assistance after a demand, pursuant to the procedures in Colo. Rev. Stat. § 8-4-109.
A common later step is to consider a civil action to recover unpaid wages, keeping in mind the statute of limitations starts when each wage became due, per Hernandez v. Ray Domenico Farms, Inc..
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Common questions
When must my final paycheck be paid if I was fired?
When the employer ends the employment, wages that are earned, vested, determinable, and unpaid are generally due immediately, with limited time allowed for the employer's payroll unit to make the check available, under Colo. Rev. Stat. § 8-4-109.
If I quit, when is the final pay due?
If an employee quits, final wages are generally due on the next regular payday. The employer must make the separated employee's check available at designated locations or mail it if not received within 60 days, per Colo. Rev. Stat. § 8-4-109.
Can my employer deduct things from my final paycheck?
An employer may only make deductions permitted by law or by a valid written agreement. Allowed deductions are listed in Colo. Rev. Stat. § 8-4-105, including taxes, court-ordered garnishments, and certain employee-authorized deductions.
How long do I have to bring a wage claim?
Most wage claims must be started within two years after the cause of action accrues; willful violations have a three-year period. The accrual date is when each wage first became due and payable, per Hernandez v. Ray Domenico Farms, Inc..
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This page provides legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
