Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
Under Louisiana law, employers must keep payroll records for at least three years. See La. R.S. 23:631. If your former employer refuses to provide copies, you can take the following steps:
1. Request Records from the Louisiana Workforce Commission
Submit a wage complaint with the Louisiana Workforce Commission (LWC). The LWC can investigate non-compliance and compel employers to produce payroll records. Visit laworks.net to file your claim online or obtain forms.
2. Gather Alternative Documentation
Collect bank statements, previous pay stubs, W-2 or 1099 forms, and personal records (such as time sheets) to reconstruct your earnings. Maintain clear copies and a summary table of amounts and dates.
3. Obtain IRS Wage Transcripts
Request a Wage and Income Transcript from the IRS via the IRS Get Transcript service. This transcript lists your reported wages by year and employer.
4. Subpoena Records in Court
If you file a lawsuit for unpaid wages, you can request a subpoena through the court clerk or with the assistance of an attorney. A subpoena legally requires your former employer to produce payroll records or face sanctions.
Helpful Hints
- Retain all written requests to your employer and any responses.
- Keep bank deposit records and highlight payroll amounts.
- Ask former coworkers if they can share pay stub details.
- Document dates and missed payment amounts in a spreadsheet.
- File a claim promptly—Louisiana’s statute of limitations for unpaid wages is three years under La. R.S. 23:631(C).