I filed a wage claim with the CO DOL back in September after I was fired. My former employer tried to withhold 20 worked hours and 4 vacation hours ($576.) I also filed for unemployment at that time. My final paycheck was paid out via payroll late and without all wages due. I sent out a demand letter that same day and she responded with a hasty letter, stating for about the third time that they would not be paying me out my vacation hours but included a check for my worked hours. There were plenty of text messages exchanged as well, documenting everything.
She tried to appeal my unemployment and lost. Going so far as to lie and say that I was neglecting their 3 year old, even though they tried to hire me back. The DOL sent her a ‘Notice of Complaint’ on December 8th. On January 5th she sent me a check for the vacation hours. The DOL made a determination February 24th that my former employer did in fact violate Colorado wage laws and as such owes me penalties amounting to $2,000. Because she paid me the wages owed prior to the issuance of this determination they are willing to cut her a break and reduce the penalties to $1,000.
Her and I both have the option to appeal this decision within 35 days from the date of determination. I also have the option to take this to court. Is appealing this decision to request the full penalty amount unlikely to be granted? She willfully withheld my wages, which is supposed to increase the penalty by 50%. Would I have better luck taking this to small claims court? She owns and operates 2 urgent cares in my state, thus she should be rather familiar with employment and wage laws. I don’t think she deserves a reduced penalty at all.