Final pay requirements

The decision has been made.  You have chosen to end the employment relationship between you and one of your employees.  You suspect that they have been stealing tips from the cash drawer and pocketing them as their own.  You are pretty sure the week’s haul amounts to $425.  Given the suspected amount qualifies as a felony, you want to deduct the stolen amount from their final check.  But wait, is that legal?  According to Colorado law, no matter how much suspicion or evidence you have, you can not arbitrarily deduct the amount from a final paycheck.  You must pay all earned wages due and seek restitution through a court of law.  The only exception is where an advanced deduction for loans, services, product, equipment or other previously agreed upon goods or service has been documented and planned for payroll deduction.  To learn more about final pay, advanced deductions and additional Human Resources assistance through StaffScapes, please call 303-466-7864 or email