Disclaimer: This article provides general information and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.
Detailed Answer
If your former employer won’t hand over payroll records, you still have options to gather proof of lost wages under Wisconsin law. Below are four steps you can follow.
1. Collect Alternative Documentation
Start by gathering any records you already have. These may include:
- W-2 or 1099 forms: Employers send these to you each year. They show total wages paid.
- Pay stubs: Copies you saved or screenshots from an online payroll portal.
- Bank and credit card statements: Deposits labeled “payroll” or similar.
- Timecards or schedules: Shift records or punch‐in/out logs.
This evidence can help estimate your earnings if formal payroll records remain unavailable.
2. Send a Written Records Request
Under Wis. Stat. § 109.03 and Wis. Stat. § 109.03(5), employers must maintain payroll and wage records for at least three years. Send a certified letter to your former employer’s HR department or owner. In your letter, state:
- The specific records you need (dates of employment, pay rates, hours worked).
- A reasonable deadline (for example, 14 days).
Keep copies of the letter and proof of delivery. A written request shows you acted in good faith and may trigger statutory penalties if your employer still withholds records.
3. File a Wage Complaint with DWD
If your employer ignores your written request, you can file a wage complaint with the Wisconsin Department of Workforce Development’s Wage and Hour Division. DWD can investigate recordkeeping violations and enforce Wis. Stat. § 109.03. To file:
- Visit dwd.wisconsin.gov.
- Complete the online complaint form or submit a written complaint by mail.
- Include copies of any documents you collected in Step 1 and your written request from Step 2.
DWD can compel your employer to produce records and may assess penalties if it finds a violation.
4. Obtain a Subpoena Through the Courts
If you pursue a lawsuit for lost wages—either in small claims court or circuit court—you can ask the judge to issue a subpoena under Wis. Stat. § 806.09. A subpoena for production of documents forces your former employer to turn over payroll records. Steps include:
- Filing your wage claim in the appropriate court.
- Requesting a subpoena for payroll documents and serving it on the employer.
- Attending a hearing if necessary to enforce the subpoena.
This approach often yields the most comprehensive documentation.
Helpful Hints
- Keep detailed notes of conversations, dates, and times when you’ve tried to obtain records.
- Email your employer when possible; written digital communications create an automatic record.
- Ask former coworkers if they have pay stubs or timecards you can copy.
- Use your online payroll portal history, if still active, to download statements.
- Act promptly—statutes of limitation can bar claims after several years.
- Consider consulting an employment attorney if your employer continues to resist.