Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Alaska law, employers must keep accurate payroll records for at least three years. See Alaska Stat. § 23.10.055 (link). If your former employer refuses to provide copies of your pay stubs or wage logs, you have several options to document lost wages:
- File a Wage Claim with the Alaska Department of Labor. Under Alaska Stat. § 23.20.425 (link), you can submit a written claim online or by mail. The department can issue a subpoena to your employer to release payroll records and investigate unpaid wages.
- Gather Alternative Documentary Evidence. Even if your employer won’t cooperate, you can collect:
- Bank and direct deposit statements showing pay dates and amounts.
- W-2, 1099 or IRS wage transcripts (request free transcripts at IRS.gov).
- Personal time logs, work schedules, emailed shift confirmations or calendar entries.
- Text messages or emails discussing hours worked or pay rates.
- Use Discovery Tools in Court. If you file a lawsuit for unpaid wages, you can serve a subpoena duces tecum under the Alaska Rules of Civil Procedure to compel production of payroll records. A judge may impose sanctions if your employer continues to withhold records.
- Request Administrative Subpoenas. In some cases, the Alaska Department of Labor or your attorney can seek an administrative subpoena to force your employer to produce payroll documents or testify under oath.
- Consider Small Claims Court. If your claim is under $10,000, you may file in small claims court. There, the process is streamlined, and the judge can order your employer to provide payroll proof as part of the case.
Helpful Hints
- Act promptly. Alaska law sets time limits for filing wage claims (generally two years from last unpaid paycheck).
- Keep copies of all correspondence and proof of service if you mail documents or subpoenas.
- Document conversations with your employer in writing (emails, letters) and note dates, times, and participants.
- Ask co-workers or supervisors to confirm hours worked if they have records or recollection.
- Consult the Alaska Department of Labor’s wage and hour unit online at labor.alaska.gov for forms and instructions.
- Maintain organized files of all evidence in case you must proceed to court.