Detailed Answer
If your former employer refuses to hand over payroll records, West Virginia law still protects your right to claim unpaid or lost wages. Under the Wage Payment and Collection Act, an employer must maintain accurate payroll records for at least three years. See WV Code §21-5C-3 (Recordkeeping requirements).
Here’s how to build your proof of lost earnings when official payroll is unavailable:
- File a wage complaint. Submit a claim to the West Virginia Division of Labor, Wage and Hour Section. The agency can investigate recordkeeping violations and compel your employer to produce documentation. Visit labor.wv.gov/wage-hour for forms and instructions.
- Seek judicial relief. If the administrative route stalls, you can sue in magistrate court for unpaid wages under WV Code §21-5C-7. You may request a subpoena to force your employer or their payroll provider to produce wage records.
- Gather alternative evidence. Collect indirect proof of hours and earnings:
- Bank statements showing direct deposits or check endorsements
- W-2 forms or 1099s issued by the employer
- Time cards, schedules, or electronic time-stamp logs
- Emails or texts confirming work hours or pay rates
- Affidavits from co-workers or clients verifying your shifts and rate
- Use public records requests. If you worked for a public employer, file a Freedom of Information Act (FOIA) request under the West Virginia Freedom of Information Act, WV Code §29B-1-1 et seq., to obtain payroll data.
Helpful Hints
- Document every request you make. Save emails, certified mail receipts, and notes of all calls.
- Track your own hours daily. Use a spreadsheet or time-tracking app for future reference.
- Keep copies of pay stubs and year-end tax forms you receive each pay period.
- Start your claim promptly. Under WV Code §21-5C-7, you generally have two years to file a wage claim.
- Consult a local attorney if the amount in dispute exceeds the small claims limit or if you need assistance with subpoenas.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.