Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When your former employer refuses to provide payroll records, you can still document lost wages by compiling alternative evidence, invoking Massachusetts recordkeeping laws, and, if necessary, seeking enforcement through state channels or the courts.
1. Gather Alternative Documentation
- Bank and deposit records showing direct deposits or check endorsements.
- W-2 forms, 1099s, and federal or state tax returns evidencing reported income.
- Personal calendars, emails, or text messages noting hours worked and pay rates.
- Time-tracking apps, third-party scheduling systems, or copies of work orders.
2. Leverage Massachusetts Recordkeeping Law
Under M.G.L. c.149 §150, employers must keep payroll and wage records for at least three years and make them available upon request. You can:
- Send a written demand by certified mail asking for payroll records and referencing M.G.L. c.149 §150.
- Document the request with dates and delivery confirmations.
3. File a Wage Complaint with the Attorney General
If the employer neglects its duty, file a complaint with the Massachusetts Attorney General’s Office (AGO) Wage Division. The AGO can investigate and compel record production. To start, visit how to file a complaint with the Attorney General’s Office.
4. Use Discovery Tools in Court
If you initiate a civil action—either in small claims or Superior Court—you can request a subpoena duces tecum to force the employer to produce documents. Under the Massachusetts Rules of Civil Procedure, Rule 34 allows you to request production of payroll records during discovery.
5. Supplement with Official Transcripts
Obtain wage transcripts from the IRS or Social Security Administration. These transcripts confirm income reported under your Social Security number. You can request an IRS Wage and Income Transcript online or via Form 4506-T.
Helpful Hints
- Keep all communications in writing and maintain copies.
- Record dates, times, and names of any phone calls or in-person requests.
- Check unemployment benefit filings for wage summaries.
- Review any employee handbook or offer letter for pay rate details.
- Consult the Division of Labor Standards for informal guidance before filing a complaint.
- Consider small claims court for disputes under $7,000, where procedures are simplified.