Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Delaware law, employers must keep accurate wage and hour records. The Delaware Wage Payment and Collection Act (Title 19, Chapter 11) requires employers to retain records showing hours worked, wage rates and total wages paid for at least three years. You can review the statute here: Delaware Code Title 19, Chapter 11.
If your former employer refuses to provide payroll records, follow these steps:
- Contact the Delaware Department of Labor (DOL). File a wage claim online or by mail. The DOL can investigate and issue subpoenas compelling your employer to turn over payroll documents. Visit: Delaware DOL Labor Law Division.
- Gather alternative evidence. Use personal bank statements showing direct deposits, W-2 and 1099 forms, time-stamped emails or schedules, and any pay stubs you may have.
- File a civil suit. If the DOL process fails or you need a higher damages award, you can file in Delaware Superior Court or Justice of the Peace Court. During discovery, you can ask the court to subpoena payroll records under the Delaware Rules of Civil Procedure.
- Estimate your lost wages accurately. Calculate your expected hours and pay rate. Multiply to find your unpaid wages. Document assumptions and methods in writing.
- Preserve all communications. Keep copies of letters, emails and notes from calls where you requested records. These can support your claim that you sought records in good faith.
Helpful Hints
- Check your federal tax transcripts via the IRS for wage summaries.
- Use paystubs from similar pay periods to estimate missing data.
- Ask former coworkers to attest to hours worked and wage rates in writing.
- Submit your DOL wage claim promptly—Delaware allows up to two years for unpaid wage claims.
- Keep copies of every document you provide to or receive from the DOL or court.