Recently, Peek Goldstone, LLC was contacted by an employer that advanced money to an injured worker while he was waiting to get his worker’s compensation benefits and they wanted to know if they could withhold the money they advanced from his upcoming paychecks. The rule is no, with few exceptions. One exception is when there is a written enforceable agreement, such as a contract, but even a sticky note that is signed by the employee will do. This employer had not written the agreement and therefore could not withhold the money from the employee’s paychecks.
Employers also cannot withhold money from paychecks for mistakes made by employees, even expensive ones like wrecking a company car or damaging a customer’s property! And there’s more: employers can’t withhold money from paychecks for theft unless they file a police report.
The Colorado Wage Act is strict, and the penalties are steep. If an employer violates these laws, the damages can be more than double what the employee was originally owed. If you think your employer has wrongfully withheld any amount of money from your paycheck, contact the experienced attorneys at Peek Goldstone, LLC to determine if your rights have been violated, and how to proceed if they have.