Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney for guidance tailored to your situation.
Detailed Answer
Under Virginia law, employers must keep payroll records and allow an employee or former employee to inspect or copy them. Virginia Code § 40.1-29 requires employers to retain payroll records for at least three years and make them available upon request (Va. Code § 40.1-29).
If your former employer refuses to provide these records, follow these steps:
- Send a written request. Submit a formal letter or email, dated and signed, asking for payroll records. Use certified mail or delivery receipt so you have proof of delivery.
- File a complaint with the Virginia Department of Labor and Industry (DOLI). DOLI enforces wage-payment laws. You can file online or by mail. They can investigate and order compliance under Va. Code § 40.1-29.2 (Va. Code § 40.1-29.2).
- Use court-issued subpoenas. If you bring a claim in General District Court or Small Claims Court for unpaid wages, you may subpoena payroll records. The court can compel your former employer to produce documents.
- Compile alternative evidence. While you pursue official records, gather bank statements, cancelled checks, direct-deposit confirmations, W-2 or 1099 forms, time sheets, offer letters, performance reviews, or email exchanges referencing hours worked and pay rates.
- Calculate your lost wages. Use the best available evidence to estimate hours worked multiplied by your hourly rate (or prorated salary). Document every assumption you make.
- Consider civil action for statutory penalties. If an employer willfully withholds payroll records or wages, you may recover treble damages plus reasonable attorney’s fees under Va. Code § 40.1-29.2.
Helpful Hints
- Keep all correspondence and delivery receipts when requesting records.
- Document each attempt to contact your former employer by phone, email, or certified mail.
- Review your last pay stub and W-2 to confirm your pay rate and deductions.
- Check your bank or PayPal statements for direct deposits matching pay periods.
- Ask former coworkers for copies of company time sheets or records if they kept personal copies.
- File your DOLI complaint promptly; the statute of limitations for wage claims is two years (Va. Code § 40.1-57).
- If you file in court, prepare a detailed summary of lost wages and submit it with your claim.