Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
1. Collect Alternative Documentation
When your employer withholds payroll records, build your file with any pay stubs, bank statements showing direct deposits, W-2s or 1099s, personal calendars or time-tracking notes, email confirmations of hours or shifts, and social media or messaging records referencing work times. Each piece helps establish hours worked and pay rates.
2. File a Wage Claim with the Indiana Department of Labor
Under the Indiana Wage Payment Act, employers must maintain payroll records for at least three years and furnish them on request. See Indiana Code § 22-2-9-2 (2023). If your employer refuses, you can file a wage claim online at the Indiana Department of Labor (IDOL) website: in.gov/dol/workers/wage-and-hour. IDOL can investigate, subpoena records, and order your employer to pay back wages, penalties, and interest under IC § 22-2-9-4 (2023).
3. Use Court Process to Obtain Records
If the IDOL process does not resolve your claim, you may file a civil lawsuit in small claims court (up to $8,000) or superior court for higher amounts. During discovery, serve a subpoena duces tecum under Indiana Trial Rule 45 to compel production of payroll records. File a written request for production of documents under Trial Rule 34. If your employer still resists, you can file a motion to compel under Trial Rule 37, which may lead the court to order records production and impose sanctions for noncompliance.
Helpful Hints
- Start logs of hours worked immediately if you lack official time records.
- Keep copies of every communication with your former employer about payroll requests.
- Submit your wage claim promptly—IDOL may have statute of limitations deadlines.
- Consult a local attorney if your claim exceeds small claims limits or raises complex issues.
- Review your state and federal tax returns for reported income that supports your wage calculations.