Detailed Answer

Statutory Right to Payroll Records

Under South Carolina law, employers must maintain accurate payroll records for at least three years. See SC Code Ann. § 41-10-10. These records should show hours worked, pay rates, and wages paid. If your former employer refuses to provide them, you can pursue alternative documentation sources and legal remedies.

File a Wage Claim with the SC Department of Labor, Licensing and Regulation

Submit a wage claim to the LLR Wage and Hour Division online or by mail. The Division can order your former employer to produce records and pay unpaid wages. Visit LLR Wage and Hour Division to get started.

Obtain IRS Wage and Income Transcripts

Request your Wage and Income Transcript from the IRS using Form 4506-T. Transcripts include all W-2s and 1099s filed under your Social Security number for each calendar year.

Access Social Security Earnings Records

Log in to your account at SSA.gov to download your earnings history. This record shows your reported annual wages and can support your claim if payroll records are unavailable. Visit my Social Security Account.

Review Bank and Third-Party Payroll Service Records

Bank statements show deposits from your employer. Request copies from your bank if you lack digital access. If your employer used a payroll provider (e.g., ADP, Paychex), contact them for paystub records.

Pursue a Civil Action and Issue a Subpoena

If administrative remedies fail, you can file in magistrate’s court (up to $7,500) or circuit court. During discovery, use SCARCP Rule 45 to subpoena payroll records from your former employer or their payroll service. For more information, see SC Judicial Branch.

Be Aware of the Three-Year Limitation Period

Under SC Code Ann. § 15-3-530, you have three years to bring a claim for unpaid wages. Act promptly to protect your rights.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice about your specific situation.

Helpful Hints

• Document each pay period, including dates and hours worked.
• Keep copies of all written requests and responses.
• Gather emails, text messages, or memos that reference pay rates or hours.
• Contact former coworkers who may have similar documentation.
• Follow up regularly with the wage claim office to track your case.