Detailed Answer
Under Connecticut law, every employer must maintain accurate payroll records and provide employees with pay statements. Conn. Gen. Stat. § 31-71b requires employers to include on each pay statement the pay period dates, rate of pay, gross and net wages, and all deductions. Conn. Gen. Stat. § 31-13a authorizes the Connecticut Department of Labor Wage Enforcement Division to enforce these requirements (CGS § 31-13a).
If your former employer refuses to produce payroll records, follow these steps:
- Gather alternative evidence. Use bank statements showing direct deposits or cleared checks. Locate emails or texts confirming work hours, job assignments or approvals. Review your calendars, appointment logs or personal timesheets. Pay stubs from prior pay periods or year-end forms (W-2s) can help reconstruct earnings.
- Submit a complaint to the CT Department of Labor. File a wage complaint online with the Wage Enforcement Division at the Connecticut Department of Labor (CT DOL Wage Complaint). The Division can subpoena your employer’s payroll records and assess civil penalties.
- Consider Small Claims Court. If lost wages are below $5,000, you can sue in the Connecticut Small Claims session of Superior Court. The court can issue subpoenas duces tecum requiring your employer to produce payroll records.
- File a lawsuit with discovery. For larger claims, file in Connecticut Superior Court. Under the Connecticut Practice Book § 13-4, you may serve a Request for Production of Documents. The court can enforce compliance and impose sanctions if your former employer refuses.
- Use subpoenas and motions to compel. In any court action, you can request the clerk issue a subpoena duces tecum for payroll records. If your employer ignores it, file a motion to compel and ask the court to impose sanctions, including attorney’s fees.
By combining alternative documentation with administrative and judicial processes, you can secure the proof of lost wages needed to support your claim.
Helpful Hints
- Keep detailed personal time logs showing clock-in and clock-out times.
- Save every text or email that mentions your work hours or pay rate.
- Request pay stub copies in writing and retain proof of your requests.
- Ask former colleagues for copies of any payroll or scheduling records they may have.
- Review your W-2 or 1099 forms filed with the IRS.
- Contact the Connecticut Department of Labor for free assistance before filing in court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a qualified attorney for advice regarding your situation.