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How do I get employer to pay me money that is owed

ColoradoPayment DisputesRecovery Options

I was working hrly and getting 1099 my employer fired me and now says I need to show him liability insurance and business name. I had 94.5 hrs and he has only paid me 1600.00 and owes me 1235.00?

1 reply

Dec 20, 2019
If you're an employee for a construction company and have performed labor on a construction site for wages, then leveraging (or ultimately filing) a mechanics lien may be an option for payment recovery. And, regardless of industry, threatening (or ultimately filing) a wage complaint with the Colorado Department of Labor and Employment could certainly lead to payment. Though, before pursuing a claim, sending a demand letter requesting payment might be a better first step. Since this forum is for construction payment and construction law questions, I'll provide some additional insight how an employee who's performed construction labor might be able to force their employer to pay them what's owed.

Payment recovery tool for Colorado laborers

Let's break down a few tools one by one.

Demand letters

A demand letter lets recipients know you're serious about getting paid. They'll typically include specific legal threats and set a deadline for making payment. More on the use of demand letters here: Demand Letters – How To Write One That Gets You Paid.

Notice of Intent to Lien

Colorado laborers will generally be entitled to mechanics lien rights. But, because mechanics liens are such a powerful tool, the mere threat of a lien claim will often be enough to get paid. So, sending a Notice of Intent to Lien to an employer, the project's contractor, and the property owner will often work to force payment from an employer - and the additional pressure from the other related parties will often work in a claimant's favor. Plus, sending a Notice of Intent to Lien is a required part of the Colorado mechanics lien process, so these documents will be taken that much more seriously. And, if a claimant wants to pursue a lien claim, it will be necessary anyway. More on Notices of Intent here: What Is a Notice of Intent to Lien and Should You Send One?

Filing a mechanics lien claim

Nobody likes liens, but sometimes, they're necessary. If push comes to shove and an employer refuses to pay funds owed for working on the job site, filing a mechanics lien claim may be the right tool to force payment. For more information on recovery via lien claims, these resources should be helpful: - How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid - Colorado Mechanics Lien Guide and FAQs - How to File A Colorado Mechanics Lien – Step By Step Guide To Get You Paid
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