How long to receive paycheck, plus a question about wage garnishment

[jangel]

What is the name of your state? Colorado

My husband was terminated from his job on Monday, November 24th. His normal payday should have been that Friday, but he hasn't received his last paycheck yet. Also, in the last year we were relocated through his company twice. He signed an agreement stating that if he was terminated in the next year, we would be fully responsible for paying that back.

My questions are:

1) Shouldn't he have had his paycheck given to him immediately upon termination, or does the outstanding debt take away that right?

2) I know they can garnish his last paycheck due to the debt, how much by law is it allowable for them to take?

3) He agreed to pay the debt back within 2 years. I believe this was written down upon termination, but I'm not completely sure. Can they legally garnish any tax returns or future payments from other companies to get their owed debt, even if we agree to make payments on that debt and have it paid off in a timely manner?

I would appreciate any help on this matter. Thanks.

 

[JETX]

"Shouldn't he have had his paycheck given to him immediately upon termination, or does the outstanding debt take away that right?"
*** No. In Colorado, if employee is fired he is owed his check immediately. If the employee quits, it is owed on the next scheduled payday. (Colo. Rev. Stat. Ann. §8-4-104)

"I know they can garnish his last paycheck due to the debt, how much by law is it allowable for them to take?"
*** The normal garnishment exemption applies to his final check just like any other one.

"Can they legally garnish any tax returns or future payments from other companies to get their owed debt, even if we agree to make payments on that debt and have it paid off in a timely manner?"
*** No. They cannot make deductions for any amounts not agreed to in writing by the employee or as ordered by a court (wage garnishment).

Was this 'wage garnishment' a result of a judgment and court order?? If so, then Colorado uses the federal wage garnishment exemptions of:
75% of disposable earnings per week,
or an amount = to 30 x federal minimum hourly wage, whichever is greater.

 

[jangel]

Thanks JETX.

No, there is no judgement or court order. Upon termination, he signed a paper saying he would pay back the amount we owed in 2 years time. He didn't sign anything referring to wage garnishment at any time. We just found out that his "paycheck" was mailed out to his former workplace, and they took all of it. Every last cent.

Also, he had almost 50 hrs personal time and 130 hrs PTO available to him before termination. I've been doing some research, and it seems like he may be owed this paid time, too.

So is it time to get a lawyer? My husband will be calling on Monday morning to try to fix this, but if they refuse his payment, do we have a right to take this to court?

 

[JETX]

Don't need a lawyer yet. Time to call the Colorado Dept of Labor (or whatever they are called now-a-days) and file a complaint against the employer for non-payment of wages.

 

[jangel]

Great, thanks. I'd love to get this cleared up with as little hassle as possible. I'll give them a call on Monday if the company refuses to give him his check.