Trial Victory in Lamar, Colorado!
On July 29, 2019, a jury in Lamar, Colorado (Prowers County) delivered a verdict in favor of my client, a truck driver formerly employed by a Lamar based trucking company. The issue? The trucking company treated my client as an independent contractor, rather than an employee, and deducted various fees from my client’s weekly paychecks for business expenses, i.e., overhead. Remember that under Colorado law, an employer may only make very specific deductions from pay, typically these are referred to as payroll taxes. Employers sometimes try to sidestep these requirements by labeling their employees “independent contractors,” but thankfully, an employer’s label does not control their legal obligations.
The outcome in this case? My client was awarded all of his pay that was wrongfully withheld from his paychecks during his employment, which totaled just over $14,000. My client was also awarded an additional $19,000 in liquidated damages and penalties, in part, because the jury found the employer’s failure to pay was a “willful” act.