Detailed Answer
Under Minnesota law, employers must keep payroll and time records for at least three years. See Minn. Stat. § 181.032. If your former employer withholds these records, you can take the following steps to prove your lost wages:
- File a Wage Claim with Minnesota DLI: Submit a claim with the Minnesota Department of Labor and Industry (DLI) online at dli.mn.gov. DLI can investigate, subpoena payroll records, and order your employer to pay withheld wages plus interest. Under Minn. Stat. § 181.13, you may recover liquidated damages up to 100% of the unpaid wages.
- Initiate a Civil Lawsuit: If you file suit in Minnesota district court, you can use discovery tools—like a subpoena duces tecum—to compel the employer to produce payroll records. Courts may impose sanctions or give an adverse inference instruction if the employer fails to comply.
- Collect Alternative Documentation: Gather other proof of hours and wages, such as:
- Personal timesheets or calendars noting work hours
- Pay stubs and bank statements showing direct deposits
- IRS W-2 or 1099 forms
- Affidavits or written statements from co-workers
Additionally, employers cannot retaliate against you for pursuing a wage claim. See Minn. Stat. § 181.171.
By combining these strategies, you can build a strong record of your lost wages even without direct payroll records.
Helpful Hints
- Keep personal records of your work schedule as soon as you learn your employer won’t provide records.
- Request IRS transcripts online at irs.gov to obtain Wage and Income Transcripts.
- File your DLI wage claim promptly—Minnesota generally allows up to six years to bring a wage action under Minn. Stat. § 541.05.
- Consult a labor attorney early if your employer continues to refuse cooperation.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.