My boss wants to withhold my final paycheck for daycare costs that are still owed for my daughter. I work at this daycare and have given my notice of leave. She says the policy states my final check must go to my daycare balance. Can she legally take my wages without my permission.
Final pay check.
- Thread Starter Becky1218
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mightymoose
Moderator
Why would you think you don't have to pay for the day care?
The deduction for what you owe is likely legitimate.
Have you read the company policy? What does it say?
The deduction for what you owe is likely legitimate.
Have you read the company policy? What does it say?
army judge
Super Moderator
In your state, CO, the following is part of your wage and labor laws.
An agreement must be in writing and signed by the employer and the employee in order for the employer to withhold for loans, pay advances, goods, services, and equipment, or property unreturned (or destroyed) by the employee.
The agreement must be in writing, enforceable, and not in violation of other state laws.
Absent such an agreement, not just an employer policy, you can report the matter to the CO State DLE.
They will investigate, and if there are violations, see to it they are corrected and you paid in accordance with the law.
Be advised, if you otherwise owe the debt, expect the employer to sue you.
Your state's law explained by the DLE:
http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305391
This is where you can initiate your cimplaint,online, from the comfort of your home:
http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305258
You are also required to send a DEMAND LETTER to your employer within 60 days of NOT being paid correctly. The state offers you a SAMPLE letter. Keep one for your records, and send it via FedEx, UPS, USPS Priority Letter. That way you can track the letter and its delivery!
http://www.colorado.gov/cs/Satellit...goBlobs&blobwhere=1251616377717&ssbinary=true
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An agreement must be in writing and signed by the employer and the employee in order for the employer to withhold for loans, pay advances, goods, services, and equipment, or property unreturned (or destroyed) by the employee.
The agreement must be in writing, enforceable, and not in violation of other state laws.
Absent such an agreement, not just an employer policy, you can report the matter to the CO State DLE.
They will investigate, and if there are violations, see to it they are corrected and you paid in accordance with the law.
Be advised, if you otherwise owe the debt, expect the employer to sue you.
Your state's law explained by the DLE:
http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305391
This is where you can initiate your cimplaint,online, from the comfort of your home:
http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305258
You are also required to send a DEMAND LETTER to your employer within 60 days of NOT being paid correctly. The state offers you a SAMPLE letter. Keep one for your records, and send it via FedEx, UPS, USPS Priority Letter. That way you can track the letter and its delivery!
http://www.colorado.gov/cs/Satellit...goBlobs&blobwhere=1251616377717&ssbinary=true
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