Detailed Answer
Under Tennessee law, employers must maintain accurate records of hours worked, rates of pay, and other payroll data. See Tenn. Code Ann. § 50-2-306. If records are missing, you can reconstruct lost wages by gathering alternative evidence and using reasonable inference. Key steps include:
- Gather Personal Records: Bank statements, canceled checks, and personal calendars can show deposit dates and typical work patterns.
- Use Tax Forms: W-2 or 1099 forms show annual earnings. Divide annual wages by total weeks worked to estimate weekly pay.
- Obtain Pay Stubs: Request copies from your former employer or lender statements reflecting direct deposits.
- Eyewitness Testimony: Statements from coworkers or supervisors can confirm hours and shifts.
- Company Policies: Employee handbooks or schedules can establish expected hours and pay rates.
- Expert Opinion: Vocational experts or accountants can project lost earnings based on industry standards and your work history.
Once you compile supporting evidence, calculate lost wages by:
- Determining an average hourly rate. If your actual rate is unknown, use the last known rate, Tennessee industry average, or minimum wage as a floor.
- Multiplying average hours per week by the rate to find weekly wages.
- Multiplying weekly wages by the number of weeks of lost work.
- Including lost benefits—such as health insurance or retirement contributions—if state law or employer policy provides.
To seek recovery, file a wage claim with the Tennessee Department of Labor & Workforce Development within 180 days of the due date of the wages (Tenn. Code Ann. § 50-2-312), or bring a civil suit in state court. Tennessee courts allow lost wages to be proved by “just and reasonable inference” when records are missing.
Helpful Hints
- Keep a contemporaneous diary of hours and tasks.
- Scan and back up any pay stubs or bank statements you receive.
- Request your W-2 early if you anticipate a dispute.
- Obtain a written statement of company attendance policies.
- Consult an accountant to help reconstruct earnings from tax forms.
- Reach out to former coworkers for statements confirming your schedule.
- File your wage claim promptly to avoid missing the 180-day deadline.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney in Tennessee.