After months of legal battles, a judge has ruled in favor of a Colorado Department of Corrections CDOC employee who was told he needed to repay months of alleged overpayment. The issue arose due to a payroll error by the department.
The decision follows anonymous accounts shared by Lawrence Cutts and other CDOC employees with CBS News Colorado.
Cutts and several others received notices last fall demanding repayment of thousands of dollars, which the department claimed was due to years of overpayment.
One employee told CBS News Colorado’s Karen Morfitt that their lives were disrupted because they based their financial planning on the salary they had been receiving.
The officers had received promotions with what they believed was a standard 10% raise. Internal emails revealed that the department admitted it was their mistake but claimed a technician approved an incorrect amount.
Initially, the department agreed to forgive the overpayment but later said state fiscal rules required them to recover the money.
Cutts experienced difficulties when his paycheck was drastically reduced in April. He appealed to the state personnel board in June, hoping to avoid repayment and get back the money taken from him.
The judge ruled that Cutts’ position was a promotion, not a transfer, and he was entitled to a 10% raise as per CDOC policy. Cutts found this ruling validating but noted that the legal struggle continues.
Cutts’ attorney believes the CDOC may appeal the decision. Meanwhile, Cutts has started a new career as a police officer and is excited about the change.
CBS News Colorado contacted the CDOC for a comment, but they declined an interview. Two other employees facing similar repayment demands will have their hearings soon.