Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific circumstances.
Detailed Answer
When you lack accurate records of hours worked or pay rates, you can reconstruct your lost wages by gathering alternative evidence. Connecticut’s Wage Payment and Collection Act, Conn. Gen. Stat. §31-71a et seq., protects employees and allows the CT Department of Labor to enforce wage claims. See Conn. Gen. Stat. §31-71a et seq.
Step 1: Identify Available Evidence
Review bank statements, canceled checks, direct deposit records or credit card transactions that reflect your pay. Match dates and amounts to approximate your pay frequency and rate.
Step 2: Use Work Schedules and Communications
Examine emails, text messages, calendars or digital logs referencing your shifts, deadlines or meetings. Even informal shift-swaps or timekeeping apps can help.
Step 3: Gather Witness Statements
Ask co-workers, supervisors or clients for affidavits describing your typical hours and pay rate. Under the federal Fair Labor Standards Act (29 U.S.C. §255), courts allow credible employee testimony when employer records are missing. Connecticut courts apply a similar principle.
Step 4: Calculate Lost Wages
Multiply your reconstructed hours by your known pay rate. If your exact rate is unclear, use Connecticut’s minimum wage as a baseline (Conn. Gen. Stat. §31-58) and adjust upward based on any documented higher wages.
Step 5: File a Wage Complaint
Submit your estimates and supporting evidence to the CT Department of Labor’s Wage and Workplace Standards Division. The DOL can subpoena employer records if necessary. Under Conn. Gen. Stat. §31-72, employers must keep accurate payroll records; failing to do so may shift the burden to the employer to disprove your reconstructed claim.
Step 6: Meet Filing Deadlines
File your claim within two years of the date wages were due. See Conn. Gen. Stat. §31-71m for the statute of limitations.
Helpful Hints
- Begin collecting alternative evidence as soon as you notice missing records.
- Keep a detailed daily journal of hours worked, tasks completed and breaks taken.
- Secure written statements or affidavits from former co-workers promptly.
- Corroborate your calculations using multiple sources: bank records, emails and schedules.
- Download the CT DOL wage complaint form: ctdol.state.ct.us.
- If your employer disputes your claim, consider consulting an employment attorney for additional support.