Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult an attorney.
Detailed Answer
1. Gather Alternative Documentation
If your former employer won’t provide payroll records, start by collecting other proof of earnings and hours worked. Useful documents include:
- Bank or direct-deposit statements showing pay deposits
- W-2 forms and federal or state tax returns
- Personal time logs, calendars or shift schedules
- Offer letters, employment contracts or company emails referencing pay rates
- Performance reviews or bonus notices
2. Submit a Formal Record Request
Under Washington law, employers must keep accurate payroll records. RCW 49.12.270 requires employers to preserve wage and hour records for at least three years. To invoke this right:
- Send a written request to payroll or HR by certified mail or email. Specify the date range and types of records you need.
- Keep copies of your request and delivery confirmation.
- If there’s no response within 10 business days, consider the next steps below.
RCW 49.12.270 (Recordkeeping requirements for employers)
3. File a Wage Claim with Washington L&I
The Washington Department of Labor & Industries (L&I) administers wage and hour laws. You can file a wage claim online or by mail. L&I can investigate and order your employer to produce missing records or pay any underreported wages.
Key statute: RCW 49.48.030 (Penalties for willful failure to pay wages).
4. Use Court Discovery Tools
If you initiate a lawsuit to recover lost wages, you can use Washington civil rules to obtain documents:
- Under CR 34, request production of payroll records directly from the employer.
- Use a deposition subpoena under CR 45 to compel attendance or production of records at a hearing.
5. Obtain IRS Wage Transcripts
Federal wage transcripts can corroborate your pay history. Complete IRS Form 4506-T to request a Wage and Income Transcript showing your reported earnings. These transcripts serve as reliable evidence of past wages.
Helpful Hints
- Maintain a detailed personal log of your hours and pay rates.
- Keep copies of all communications with your employer.
- Act promptly: Washington limits claims for unpaid wages to three years under RCW 49.48.090.
- Consider mediation through L&I before filing a lawsuit.
- Consult an employment attorney if your employer retaliates against you.