Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
If your former employer refuses to provide payroll records, Nebraska law offers several pathways to obtain proof of your lost wages. Below is a step-by-step overview of how to gather documentation and compel record production under state statutes and through other practical means.
1. Understand Nebraska’s Recordkeeping Requirements
Under Neb. Rev. Stat. § 48-1228, employers must retain time and payroll records for at least three years after the date on which wages become due. These records should include hours worked, wages paid, and any deductions.
The Nebraska Department of Labor (NDOL) enforces the state’s wage and hour laws. Pursuant to Neb. Rev. Stat. § 48-1258, the NDOL may issue subpoenas for testimony and documents, and may assess penalties against employers who fail to comply with recordkeeping requirements.
2. File a Wage Claim with the Nebraska Department of Labor
You can file a wage complaint online or by mail with the NDOL’s Wage and Hour Division. Provide as much information as you can, including dates of employment, job title, rate of pay, and any pay stubs or bank statements you have. The NDOL will investigate and may subpoena your employer for missing payroll records. Find the wage complaint form here: NDOL Wage & Hour Division.
3. Gather Alternative Documentation
While waiting for enforcement, compile personal records that can corroborate your wages:
- Bank statements showing direct deposits or paper check deposits.
- Pay stub copies, even if incomplete.
- W-2 or 1099 tax forms from the IRS.
- Time cards, shift schedules, or electronic time-tracking exports.
- Email confirmations of hours worked or wage negotiations.
- Affidavits from co-workers confirming your hours and rate.
4. Use Civil Discovery Tools in Court
If you pursue a lawsuit for lost wages in county court or small claims court, you can use discovery:
- Requests for Production: Ask the employer to produce payroll records, bank statements, and timekeeping logs.
- Interrogatories: Submit written questions requiring sworn answers about hours worked and pay practices.
- Depositions: Question the employer’s payroll manager under oath.
The court can sanction employers who fail to respond or produce documents, potentially awarding you fees and damages for spoliation.
5. Consider Small Claims Court
If your claim is under $8,000, you may file in Nebraska small claims court without an attorney. The process is streamlined and allows you to present your compiled evidence directly to a judge.
Helpful Hints
- Keep photocopies of every document you send or receive regarding your wages.
- Submit your NDOL wage complaint early—statute of limitations is two years for unpaid wages under Neb. Rev. Stat. § 48-1248.
- Request a certified mailing receipt when you send written record requests to your employer.
- Maintain a daily log of hours worked, even after leaving the job, to refresh your memory.
- Ask former co-workers if they’ll sign affidavits confirming your hours worked.
- Consult the NDOL’s Wage and Hour Division Hotline at (402) 471-2065 for guidance on filing a claim.