How to Obtain Proof of Lost Wages When Your Former Employer Withholds Payroll Records

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.

Detailed Answer

Under Vermont law, every employer must keep accurate payroll records showing hours worked, wages paid, deductions, and other relevant information. If your former employer refuses to provide those records, you still have several options to gather proof of lost wages:

1. Request Records from the Vermont Department of Labor

The Vermont Department of Labor (VDOL) enforces state wage and hour laws. You can file a wage complaint online at the VDOL Wage & Hour Division. VDOL has the power to subpoena your employer’s payroll records and interview witnesses. Under 21 V.S.A. § 342, employers must maintain payroll records for at least two years.

2. Use Alternative Financial Documents

• Bank statements: Show direct deposit amounts and dates.
• Tax documents: Your IRS Form W-2 or 1099 from the employer.
• Personal calendars or notes: Logs of hours worked and pay dates.
• Emails or texts: Any messages discussing wages or hours.

3. File a Claim in Vermont Superior Court

If informal requests fail, consider suing for unpaid wages in Vermont Superior Court, Civil Division. You can serve your former employer with a subpoena under Vermont Rule of Civil Procedure 45 (V.R.C.P. 45) to compel production of payroll records. Be prepared to present alternative evidence as described above.

4. Seek a Wage Pre-Lien or Mechanics’ Lien (If Applicable)

Certain workers—such as contractors—may qualify for a wage pre-lien under 9 V.S.A. § 1921, securing unpaid labor costs against property. Consult VDOL or an attorney to determine eligibility.

5. Consider Mediation or Small Claims Court

For claims under $5,000, you can file in Small Claims Court. The Vermont Judiciary provides forms and instructions online. Mediation services may also help resolve the dispute faster.

Helpful Hints

• Keep copies of all correspondence with your former employer and VDOL.
• Document every telephone call: note date, time, and summary of discussion.
• Gather witness statements from coworkers who can confirm your hours or pay rate.
• Act quickly: VDOL typically enforces claims within one year from the date of nonpayment (21 V.S.A. § 342).
• Consult a Vermont employment attorney if your claim exceeds the small claims limit or involves complex issues.