Detailed Answer
If your former employer refuses to hand over payroll records, you have several options to prove lost wages under New Hampshire law. First, gather alternative documents. Look for bank statements showing direct deposits, W-2 forms, 1099s, old paystubs, tax returns, or time-card copies. These records can help you reconstruct your wage history.
Next, send a written request for your payroll records. Under RSA 275:44, employers must furnish a written statement of hours worked and wages paid upon request. Send the request by certified mail and keep a copy. If your employer ignores it, you can file a complaint with the New Hampshire Department of Labor (NH DOL). Under RSA 275:68, the NH DOL can investigate wage complaints and issue orders compelling employers to produce records and pay owed wages.
If the NH DOL process does not resolve your case, you can bring a lawsuit in small claims or superior court. During litigation, use a civil subpoena to obtain payroll documents directly from your employer. Under RSA 491:11 and Rule 45 of the New Hampshire Rules of Civil Procedure, you can subpoena relevant records. Courts can sanction employers who fail to comply.
Finally, work with a legal advocate or attorney to draft and serve the subpoena correctly. They can help you calculate damages and present strong evidence of your lost wages at trial.
Helpful Hints
- Preserve any old paystubs, emails, or timecards in a secure folder.
- Use bank records to track deposit dates and amounts.
- Document every written request and every employer response.
- Review NH DOL’s online wage complaint guide at nh.gov.
- Consider consulting a worker-rights organization for free support.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.