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Roy Hadavi
Roy Hadavi,
Category: Employment Law
Satisfied Customers: 775
Experience:  Attorney at Law Offices of Rosenstein & Associates
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I was terminated yesterday. My employer said in an email

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i was terminated yesterday. My employer said in an email that he is holding my final paycheck until I return a couple electronic devices. I am in Wisconsin right now and pay day is tomorrow. I was told by HR that he cannot hold my paycheck unless I had signed a contract for employment at the time of hire, which I have not, not even an employee handbook
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I am employed full time with overtime
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Customer: replied 30 days ago.
I understand
Customer: replied 30 days ago.
I do not want a call at this time.

The offer for a live phone call was automatically generated by the JustAnswer website, not me. I prefer to save you money, if possible, and answer all your questions through this chat. If at the end of our conversation you feel that a live phone call would be beneficial, we can set it up at that time.

I am typing the response right now.

Customer: replied 30 days ago.
Thank you :)

I am sorry that you have lost your job, finding yourself suddenly unemployed is never easy.

Colorado Wage Act Section 8-4-109(1) requires that the employer provide your final paycheck immediately upon termination. If the accounting department responsible for paychecks is not open at the time of termination, the final paycheck must be provided within 6 hours of the accounting department opening, unless they are located off-site, in which case the employer must provide the paycheck within 24 hours.

If your employer fails to provide your final paycheck within the above applicable deadline, you may write them a demand letter pursuant to the provisions of Section 8-4-109(2). If the employer does not comply with the terms of this section within 14 days of the demand letter, the employer faces certain penalties.

Please click here to view the Colorado Wage Act and to learn more about the requirements.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Customer: replied 30 days ago.
Thank you, ***** ***** helped tremendously. One final thought on my question, he cannot hold my paycheck until I return the items, correct?

You are very welcome. Glad I was able to help.

Sorry, I should have made that clearer. No, the employer may not withhold the final paycheck for any reason. They may only make standard deductions, such as for taxes.

Customer: replied 30 days ago.
Thank you, you've been an awesome help!

You're very welcome.

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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