Final Paycheck Demand and Wage Claim — Colorado

Final Paycheck Demand and Wage Claim (Colorado)

This template packages (A) a statutory demand letter under the Colorado Wage Claim Act ("CWCA") and (B) a parallel Colorado Department of Labor and Employment ("CDLE") wage-claim filing. Use both tracks together: the written demand triggers the 14-day penalty clock under C.R.S. § 8-4-109(3), and the CDLE complaint preserves administrative recovery up to the statutory cap.

Quick-Reference Summary

Part A — Demand Letter to Former Employer

Date: [__/__/____]

Sender (Employee/Claimant):

Recipient (Employer):

Method of Delivery (check all that apply):

☐ U.S. Certified Mail, Return Receipt Requested — Tracking No. [________________________________]
☐ Email to: [________________________________] (with read receipt)
☐ Text message to: [________________________________]
☐ Hand delivery — Received by: [________________________________] on [__/__/____]
☐ Commercial courier (FedEx / UPS) — Tracking No. [________________________________]

Re: WRITTEN DEMAND FOR PAYMENT OF WAGES — COLORADO WAGE CLAIM ACT, C.R.S. § 8-4-109(3)

Dear [________________________________]:

I, [________________________________] ("Claimant"), formally demand payment of all earned, vested, and determinable wages and compensation owed to me by [________________________________] ("Employer") under the Colorado Wage Claim Act, C.R.S. § 8-4-101 et seq.

1. Employment Facts

2. Amounts Owed

3. Statutory Penalty Exposure Under C.R.S. § 8-4-109(3)

If the full amount demanded in good faith is not paid within fourteen (14) days after this written demand is sent, C.R.S. § 8-4-109(3)(b) provides for unpaid wages plus an automatic penalty of:

• the greater of two times the unpaid wages or $1,000; or
• if the employee proves willfulness, the greater of three times the unpaid wages or $3,000.

Evidence of a judgment or Division wage determination against the Employer within the preceding five years is admissible on willfulness. A second or later failure to pay the same or a similar type of wages within that period is per se willful under § 8-4-109(3)(c).

Penalty Worksheet:

4. Additional Civil Remedies

For a wage-payment action, the Claimant may seek unpaid wages, the applicable § 8-4-109 penalty, equitable relief available under § 8-4-110(2), and any costs or attorney fees the court may award under § 8-4-110(1). The separate remedies listed in § 8-4-120(3), including 12% interest, retaliation liquidated damages, reinstatement or front pay, and injunctive relief, apply only if the Claimant proves a violation of the anti-retaliation section.

Requested wage-action relief: [________________________________]

Separate retaliation relief, if supported by pleaded facts: [________________________________]

5. Demand and Deadline

Full payment of $[________] in wages must be received by Claimant on or before [__/__/____] (fourteen (14) calendar days from the date of this letter). Payment may be tendered by:

☐ Cashier's/certified check payable to: [________________________________]
☐ ACH/direct deposit to the same account used during employment
☐ Wire transfer (Claimant will provide instructions on request)

Mail or deliver payment to: [________________________________].

If the Employer disputes the amount, C.R.S. § 8-4-109(3)(a.5) addresses timely legal tender of the full amount that the employee, representative, or Division in good faith demands is owed. The statutory consequence depends on whether the employee later recovers more than the tender.

6. Litigation Hold

The Employer is on notice to preserve, and not destroy or alter, all records relating to the Claimant's employment, including payroll registers, time records, pay stubs, bonus/commission plans, PTO accrual ledgers, the employee handbook, offer letter, separation documents, written notices under C.R.S. § 8-4-103, and all electronic communications regarding compensation.

7. Anti-Retaliation Notice

C.R.S. § 8-4-120 prohibits specified retaliation for protected wage activity. The statute directs the fact finder to consider timing and provides that 90 days or less may, without more, be sufficient to find retaliatory intent; it does not label that timing rule a rebuttable presumption. If retaliation occurs, the Claimant may pursue the remedies authorized by § 8-4-120(3).

Respectfully,

________________________________________
[________________________________], Claimant

Attorney for Claimant (if any): [________________________________], Colo. Atty. Reg. # [________]

Part B — CDLE Wage Claim Filing

B-1. Filing Information

B-2. Items to Attach to the CDLE Complaint

☐ Copy of the Part A demand letter and proof of delivery (USPS green card, email read receipt, courier tracking)
☐ All pay stubs, W-2s, and 1099s for the claim period (and earlier records relevant to willfulness)
☐ Offer letter, employment agreement, commission plan, bonus plan
☐ Employee handbook (especially PTO and final-pay sections)
☐ Personal time records (calendars, app exports, screenshots of scheduling apps)
☐ Termination letter or resignation letter
☐ Written wage notice required by C.R.S. § 8-4-103(1.5)
☐ Bank statements showing direct deposit history
☐ Any prior written communications about unpaid wages
☐ Penalty Worksheet from Part A § 3
☐ Authorized Representative Form (if represented)

B-3. Process Notes

1. Investigation timeline. DLSS typically issues a written determination within 90–180 days. Either party may appeal within the deadline stated in the determination.
2. 14-day penalty waiver (HB 25-1001). DLSS may waive penalties if the Employer pays in full within 14 days of receiving the formal CDLE claim and has no wage-violation history in the prior 5 years. Account for this when timing Part A.
3. Concurrent court action permitted. A complainant may pursue the CDLE administrative track and a separate civil action under C.R.S. § 8-4-110 simultaneously. CDLE awards do not preclude attorney-fee recovery in court.
4. Willful-violator publication. Employers found to have willfully violated wage law are publicly listed online and referred for licensing action under HB 25-1001.
5. Federal overlay. FLSA minimum-wage and overtime violations may be filed concurrently with the U.S. DOL Wage and Hour Division at https://www.dol.gov/agencies/whd. Minimum federal SOL is 2 years (3 if willful).

B-4. Court Filing Alternative

If the claim exceeds the CDLE cap or the employee elects to litigate, the petition may be filed in:

• Small Claims Court — disputes ≤ $7,500
• County Court — civil claims ≤ $25,000
• District Court — claims > $25,000

The complaint should plead:

• C.R.S. § 8-4-109 (final-pay violation)
• C.R.S. § 8-4-109(3) (penalty)
• C.R.S. § 8-4-110 (equitable relief and any discretionary attorney-fee or cost award)
• C.R.S. § 8-4-120(3)(a) remedies only if retaliation is separately alleged and proved
• FLSA / Colorado Overtime & Minimum Pay Standards (COMPS Order) if applicable
• C.R.S. § 8-4-120 (retaliation, if applicable); § 8-4-114 concerns criminal penalties

Part C — Pre-Send Checklist

☐ Confirmed correct legal employer name and registered agent on the Colorado Secretary of State business database (https://www.coloradosos.gov/biz/)
☐ Calculated wages owed using earned-vested-determinable standard (C.R.S. § 8-4-101(14))
☐ Computed accrued vacation/PTO consistent with Nieto v. Clark's Market (no "use-it-or-lose-it" forfeiture at separation)
☐ Distinguished severance (NOT a wage under CWCA) from earned wages
☐ Confirmed all overtime under both FLSA and the COMPS Order (Colorado generally also requires OT for hours > 12/day or > 12 consecutive hours)
☐ Identified each unauthorized deduction under C.R.S. § 8-4-105
☐ Calculated the greater of 2× unpaid wages or $1,000, or, if willfulness is provable, the greater of 3× unpaid wages or $3,000 under § 8-4-109(3)(b)
☐ Flagged any facts supporting willfulness (prior wage-claim judgment within 5 years, repeated nonpayment, retention of funds after demand)
☐ Identified any owners/individuals controlling ≥25% for personal-liability notice
☐ Verified that the 2-year limitations period (3 years if willful) covers each pay period claimed
☐ Saved a date-stamped copy of the demand letter and chosen delivery proof (certified-mail receipt, email read receipt, text screenshot)
☐ Filed CDLE Labor Standards Complaint Form (or planned filing date)
☐ Calendared 14-day deadline for safe-harbor tender and CDLE penalty-waiver window
☐ Flagged any adverse action within 90 days as evidence that may, without more, support retaliatory intent under § 8-4-120
☐ Sent litigation-hold language in Part A § 6
☐ Reviewed by Colorado-licensed counsel before sending (recommended for claims > $7,500 or with willfulness indicators)

Sources and References

1. Colorado Revised Statutes, Title 8 (official 2025 compilation, including HB 25-1001): https://olls.info/crs/crs2025-title-08.htm
2. CDLE — Worker Complaints & Employer Responses (Demand for Payment of Wages form; Labor Standards Complaint Form): https://cdle.colorado.gov/dlss/demands-complaints-responses-and-settlements
3. CDLE Division of Labor Standards and Statistics — main page: https://cdle.colorado.gov/dlss
4. CDLE — Decisions and Appeals Information: https://cdle.colorado.gov/dlss/decisions-and-appeals-information
5. Colorado Wage Act (revised August 6, 2025) — official PDF: https://cdle.colorado.gov/sites/cdle/files/colorado_wage_act_revised_august_6%2C_2025.pdf
6. Buchalter — "Colorado Cracks Down: New Wage Law Brings Big Changes" (HB 25-1001 summary): https://www.buchalter.com/insights/colorado-cracks-down-new-wage-law-brings-big-changes-for-employers-starting-august-6-2025/
7. Nieto v. Clark's Market, Inc., 2021 CO 48, 488 P.3d 1140 (PTO is a wage that cannot be forfeited at separation).
8. C.R.S. § 8-4-120 (Retaliation; private right of action; 90-day presumption): https://leg.colorado.gov/sites/default/files/2022a_1317_signed.pdf
9. CDLE LSCS Worker Portal (online complaint submission): https://socgov11.my.site.com/LSCS/s/
10. U.S. DOL Wage and Hour Division (federal FLSA filing): https://www.dol.gov/agencies/whd
11. Colorado Secretary of State business search: https://www.coloradosos.gov/biz/

Template prepared for ezel.ai. Not legal advice. Consult Colorado-licensed counsel before use.