Legal Question in Business Law in Colorado

Breach of contract

I was hired to a large company who sent me two exceptance letters stating my pay and hours I would be working. Both letters had the same information about my pay and hours I would work. When I received my first paycheck my hourly wage was not what was promised to me. Can I take this company to court for breach of contract? I also heard in Colorado if the employer messed up on your pay one can asked for three times that amount. Please tell me what I should do. I have resigned from the company because of this. They said they would not correct my pay or negotiate.


Asked on 6/29/00, 10:02 pm

2 Answers from Attorneys
Peter W. Thomas, Esq. PETER WILLIAM THOMAS, PLLC

Re: Breach of contract

Colorado is an employment at will state. However, depending upon the language of your engagement letter and other salient and essential facts, you may have grounds for breach of contract, wrongful termination and even promissory estoppel.

As to the wages, the Colorado Wage Claim Act does provide that, upon timely written demand for payment and notice of intent to initiate legal action, an employer who willfully and wrongfully withholds due wages can be exposed to treble damages.

We are busy and probably not able to take on another client matter at this time; I would, however, be more than happy to chat with you on the phone and, if unable to assist you ourselves, I certainly can refer you to several other excellent firms and attorneys.

Very truly, Peter W. Thomas, Jr., Esq.

Petersen, Thomas & Slade, PLLC

600 Seventeenth Street

Suite 950 South Tower

Denver, Colorado 80202

(303) 260-6424

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Answered on 10/05/00, 11:21 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Breach of contract

You may have an enforceable contract for unpaid wages. Much will depend upon the language of the letters of acceptance and whether or not you had any other contract or writings bearing on the subject with the company.

Email us if you wish a no-cost initial consultation with one of our CO attorneys.

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Answered on 9/05/00, 11:26 pm


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