Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
If your former employer refuses to provide payroll records, you can still document your lost wages in Texas. Start by gathering alternative evidence:
- W-2 and 1099 Forms: Federal tax documents show total wages paid. You can request copies from the IRS by filing Form 4506-T or accessing your online IRS account.
- Bank and PayPal Statements: Look for direct deposits or checks your employer issued. Highlight dates and amounts.
- Personal Time Logs: Maintain a contemporaneous record of hours worked. Note dates, start and end times, and duties performed.
- Email, Text, or Scheduling Software: Project management tools or shift-scheduling apps can confirm work dates and hours.
- Employment Agreement or Offer Letter: This may specify your rate of pay and salary structure.
Next, consider filing a formal wage claim under the Texas Payday Law (Texas Labor Code Chapter 61). Employers must maintain payroll and personnel records for at least three years and provide them upon request. See Texas Labor Code § 61.054: https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm#61.054.
Under Texas Labor Code § 61.052, an employer must pay wages when they are due. If they fail to do so, you may file a wage claim with the Texas Workforce Commission (TWC). Visit the TWC Wage Claim page: www.twc.texas.gov. The TWC can compel production of payroll records.
If the TWC process doesn’t resolve the issue, you can file a lawsuit in the county or justice court. During discovery, use a subpoena duces tecum under the Texas Rules of Civil Procedure to compel your former employer to produce payroll and timekeeping documents. Texas Rule of Civil Procedure 176.6 allows a court to enforce production of relevant records.
Keep in mind statute of limitations: you generally have two years from the date your wages were due to file a non-willful claim and up to four years for willful violations. See Texas Labor Code § 61.051: https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm#61.051.
Helpful Hints
- Collect all pay stubs, bank records, and correspondence immediately after separation.
- Use a timestamped log or spreadsheet to track your hours if your employer fails to provide records.
- Send a written request for payroll records via certified mail and keep a copy.
- File your TWC wage claim promptly to preserve your rights.
- Consult an employment attorney early if the dispute involves large sums or willful misconduct.