Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consider consulting a qualified attorney for help with your situation.
Detailed Answer
If your former employer refuses to provide payroll records, you can still prove lost wages under Colorado law. Employers must keep payroll records and pay accurate wages.
1. Gather alternative documentation. Review any pay stubs, bank statements showing direct deposits, W-2 forms, 1099s, tax returns, time cards, or written correspondence about your hours and pay. These documents help reconstruct your earnings and hours worked.
2. File a wage claim with the Colorado Department of Labor and Employment (CDLE). The CDLE enforces the Colorado Wage Claim Act. You can submit a claim online through the Colorado Wage Claim Filing portal. The CDLE can summon payroll records and issue administrative orders under C.R.S. § 8-4-109.
3. Pursue a civil action. If administrative remedies don’t resolve the issue, you can file a lawsuit in small claims court (up to $15,000) or district court. Under C.R.S. § 8-4-110, courts can award unpaid wages, interest, and civil penalties.
4. Use discovery tools to compel production. In civil court, use interrogatories, requests for production of documents, and depositions or subpoenas to force the employer to produce payroll records.
5. Obtain witness statements. Coworker affidavits or statements can corroborate your hours worked and usual pay rate when formal records are unavailable.
Helpful Hints
- Keep a copy of every document you submit to CDLE or court.
- Note dates and details of any oral or written requests to your employer for records.
- Check your bank’s online archive for past direct-deposit details.
- Follow CDLE deadlines carefully when filing a wage claim.
- Consider speaking with a local employment attorney if your claim involves complex issues.