CanI sue my former employer for withholding my pay?

UPDATED: Jan 18, 2011

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CanI sue my former employer for withholding my pay?

I used to work for a translating company. And in the last job that I did, I turned in my forms late. Due to this, my ex-boss is saying that they are not going to pay me. I e-mailed them and called them couple of times but they seem to ignore me. And it’s been over a year now and I still haven’t gotten paid. What should I do?

Asked on January 18, 2011 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can sue them for not paying you--whether you turned your form in late or not, they had to pay you unless there was an employment agreement which provided for nonpayment in the event of providing the forms late. Other than that one narrow exception, you must be paid.

You can sue for your money, but if you're going to do this, do it fast! If more than a year has passed, you may be running out of time (if you haven't already): there is a distinct amount of time, called a "statute of limitations," for bringing a lawsuit. If you don't file in time, you *can't* file--you will be out of luck and unable to take legal action to get your money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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