If you lost wages but your former employer refuses to share payroll records, you can still document your income loss under Montana law. You can gather alternate evidence, formally demand records under Mont. Code Ann. § 39-3-205, file a wage claim with the Montana Department of Labor and Industry, or use court procedures to compel production.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Collect Alternate Documentation
Start by gathering any payroll-related documents you already possess:
- Bank statements showing direct deposit amounts and dates.
- Federal and state tax forms (W-2s, 1099s).
- Pay stubs, if you saved digital or paper copies.
- Timesheets, shift schedules, or clock‐in/out records.
- Email requests for pay details or informal summaries from HR.
2. Demand Records in Writing
Under Mont. Code Ann. § 39-3-205(1), employers must keep accurate payroll records and provide them upon request. Send a certified letter or email to your former employer:
- State your request clearly and cite Mont. Code Ann. § 39-3-205.
- Keep a copy of the request and proof of delivery.
- Allow at least 10 business days for a response.
3. File a Wage Claim with the State
If your employer doesn’t comply, you can file a wage claim with the Montana Department of Labor and Industry (DLI). DLI can investigate and issue an order to produce records:
- Submit Form WPCS-1: Wage and Hour Claim.
- Provide your alternate evidence of lost wages.
- DLI may subpoena the employer under Mont. Code Ann. § 39-3-206.
4. Pursue a Civil Action in District Court
Under Mont. Code Ann. § 39-3-206, you can sue for unpaid wages and related damages:
- File in the district court where you worked or reside.
- Use the discovery process (document requests, depositions) to compel payroll records.
- The court can award unpaid wages, interest, costs, and attorneys’ fees.
5. Use Third-Party Sources
If your employer stonewalls you, gather data from third parties:
- Your personal bank or payroll service provider’s statements.
- Client invoices or independent contracts if you performed paid work.
- Affidavits from coworkers or supervisors recalling your hours or rates.
Helpful Hints
- Track all communications: log dates, names, and methods of outreach.
- Keep copies of every document and request both digitally and in print.
- Organize evidence chronologically to show continuous work periods.
- Meet deadlines precisely when filing with DLI or the court.
- Consider small‐claims court for claims under $7,000 for faster resolution.