Disclaimer: This article provides general information only and does not constitute legal advice.
Understanding Maryland’s Payroll Record Requirements
Under Maryland law, employers must keep accurate payroll records. See Md. Code Lab. & Empl. § 3-505. If your former employer refuses to provide these records, you can take several steps to document and prove your lost wages.
Steps to Obtain Proof of Lost Wages When Records Are Unavailable
1. File a Wage Claim with the Maryland Department of Labor
You can file a wage claim with the Maryland Department of Labor, Licensing and Regulation (DLLR), Wage and Hour Division. The DLLR can investigate and compel your employer to produce payroll records. Visit DLLR Wage and Hour to start the process.
2. Use Court Process to Subpoena Records
If you start a lawsuit in Maryland District Court for unpaid wages, you can request a subpoena duces tecum to force your employer to turn over payroll documents. Courts generally enforce subpoenas for relevant records once properly served.
3. Gather Alternative Documentation
When official records are missing, collect other evidence to support your claim:
- Pay stubs or bank statements showing direct deposits.
- Form W-2 and annual earnings statements from the IRS or Social Security Administration.
- Timesheets, schedules, or personal notes on hours worked.
- Email or text communications discussing hours, pay rates, or corrections.
- Affidavits from coworkers confirming your work hours and pay rate.
4. Request SSA Earnings Statement
You can request your earnings record from the Social Security Administration at SSA My Account. This report lists your reported earnings and helps estimate lost wages.
5. Consult a Maryland Attorney
If you cannot resolve your claim administratively, consult a Maryland employment attorney. They can guide you through filing a lawsuit and obtaining a court order for records.
Conclusion
Even if your former employer refuses to provide payroll records, Maryland law offers ways to compile proof of your lost wages. Use DLLR procedures, court subpoenas, and alternative documentation to build your case.
Helpful Hints
- Keep copies of all written communications with your employer.
- Track your work hours and pay in a personal journal or spreadsheet.
- File your wage claim within three years under Md. Code Lab. & Empl. § 3-507.
- Attend all DLLR interviews and hearings prepared with your evidence.
- Visit Maryland Legal Aid for free resources at Maryland Legal Aid.