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I was terminated yesterday. My employer said in an email

i was terminated yesterday....
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
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Answered in 2 minutes by:
9/21/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 985
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

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.

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Customer reply replied 2 months ago
I understand
Customer reply replied 2 months 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.

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Customer reply replied 2 months 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.

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Customer reply replied 2 months 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.

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Customer reply replied 2 months 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.

Roy Hadavi
Category: Employment Law
Satisfied Customers: 985
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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Roy Hadavi
Roy Hadavi
Category: Employment Law
Satisfied Customers: 985
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Experience: Attorney at Law Offices of Rosenstein & Associates

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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