Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Overview
If your former employer refuses to provide payroll records, Illinois law still offers ways to prove lost wages. You can use personal documents, administrative claims and court discovery to build your case.
Detailed Answer
1. Compile Your Personal Records
Start with your own files: bank statements showing direct deposits, W-2 and 1099 forms, tax returns, pay stubs and timecards. These items help you recreate your wage history and hours worked.
2. Obtain an IRS Wage and Income Transcript
Request a Wage and Income Transcript from the IRS by visiting https://www.irs.gov/individuals/get-transcript. This free transcript lists your annual wages, tax withholdings and employer details.
3. File a Claim with the Illinois Department of Labor
Under the Wage Payment and Collection Act (820 ILCS 115), you can file a wage claim within three years (820 ILCS 115/13). The Illinois Department of Labor (IDOL) may compel your employer to provide payroll documents during its investigation.
4. Use Court Discovery and Subpoena Power
In a lawsuit, serve a request for production of documents under 735 ILCS 5/2-1001. You can also issue a subpoena to force your employer to turn over payroll records and related information.
5. Collect Co-Worker Affidavits
Ask former colleagues to sign affidavits describing your work schedule, duties and pay rates. Illinois courts accept these statements as secondary evidence when primary records are unavailable.
6. Request Social Security Earnings Statements
Access your Social Security earnings record online at https://www.ssa.gov/myaccount. This statement confirms annual income reported by your employer.
Helpful Hints
- Save digital copies of all pay stubs, timecards and correspondence.
- Archive annual IRS wage transcripts each year.
- Send written requests for payroll records and track dates.
- Follow up with the IDOL promptly after filing your claim.
- Consult an employment attorney before starting litigation to understand discovery deadlines and procedures.