How to Obtain Proof of Lost Wages in Hawaii When Your Former Employer Refuses to Provide Payroll Records

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice regarding your specific situation.

Detailed Answer

If your former employer refuses to give you payroll records, you still have several paths to document your lost wages under Hawaii law. Employers in Hawaii must keep records of hours worked and wages paid. You can enforce this requirement through the Hawaii Department of Labor and Industrial Relations (DLIR) or by using alternative documentation sources.

1. Send a Formal Written Request

Write a dated letter or email to your former HR department or employer demanding copies of your pay stubs, timesheets, and W-2 forms. Reference the Hawaii Wage and Hour Law (Haw. Rev. Stat. § 388-8) which requires employers to maintain payroll records.

Link: HRS § 388-8

2. File a Wage Complaint with DLIR

If your employer still withholds records, file a complaint with the Hawaii DLIR Wage Standards Division. The DLIR can investigate under HRS § 388-12 and order your employer to produce the required documents.

Link: Hawaii DLIR Wage Standards Division

3. Use Federal Record-Keeping Standards

The Fair Labor Standards Act (FLSA) also mandates employers keep payroll records. You can file a wage claim with the U.S. Department of Labor’s Wage and Hour Division for assistance obtaining records.

Link: U.S. DOL Wage and Hour Division

4. Gather Alternative Documentation

While waiting on formal channels, compile indirect evidence of your wages and hours:

Bank statements showing deposit amounts matching your pay dates.
Your annual Form W-2 or IRS wage transcript (request via IRS Get Transcript).
Old pay stubs you may have saved or digital copies in employee portals.
Emails or written communications regarding your schedule, raises, or overtime approvals.
Calendar entries, time logs, or personal records of hours worked.

5. Subpoena Records in Court

If you file a lawsuit for unpaid wages in Hawaii Circuit or District Court, you can request a subpoena duces tecum for your employer’s payroll records. The court can compel production of all relevant documents.

Helpful Hints

Send all requests in writing and keep copies for your records.
Note dates and times of all communications with your former employer.
File your DLIR wage complaint within two years of the last unpaid wages (HRS § 388-15).
If your employer retaliates, you may have a separate claim for unlawful retaliation under HRS § 378-2.4.
Consider consulting a labor law attorney if the DLIR process does not resolve your dispute.