Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer: Obtaining Proof of Lost Wages in Michigan
If your former employer refuses to provide payroll records, you still have several paths under Michigan law to gather evidence of your lost wages. Follow these steps to build a strong record for negotiation, wage–hour claims or litigation.
1. Review Your Personal and Tax Documents
Start by collecting any pay stubs, W-2 forms, 1099s or year-end earnings summaries you received. If you used direct deposit, request bank statements that reflect payroll deposits. You can also request a wage and income transcript from the IRS to confirm your reported earnings for the relevant tax year.
2. Submit a Formal Records Request Under the Wage and Fringe Benefits Act
Michigan’s Wage and Fringe Benefits Act (MCL 408.471–408.480) requires employers to maintain accurate payroll records for at least 3 years. Under MCL 408.478, you may send a written demand for copies of time sheets, wage rate schedules and payroll registers. Keep proof of delivery (certified mail or email read receipt) to document your request.
3. File a Wage Claim with the Michigan Department of Labor and Economic Opportunity (LEO)
If your employer still refuses, file a wage claim with LEO. The department investigates unpaid wages, enforces recordkeeping rules and can order the employer to produce records. Visit the LEO website (www.michigan.gov/leo) for forms and instructions.
4. Use Secondary Evidence in Court or Arbitration
If you must sue, Michigan courts allow secondary evidence of lost wages when primary records are unavailable. Bring testimonies from co-workers, calendars, electronic time-tracking logs, customer invoices or project reports to show hours worked. Under the Michigan Court Rules (MCR 2.302), you can seek court-ordered production of employer records through a subpoena.
5. Consider Discovery Tools and Subpoena Power
In civil litigation, use discovery requests—interrogatories, requests for production of documents and depositions—to compel payroll evidence. If the employer objects, file a motion to compel under MCR 2.309 and 2.312. You can also subpoena third parties (banks, payroll processors) for transactional records.
By combining your tax records, a departmental wage claim and formal discovery or subpoena, you can assemble credible proof of your lost wages even if your employer refuses to cooperate.
Helpful Hints
- Keep copies of every request and response, including certified mail receipts or email notifications.
- Gather corroborating evidence: calendars, emails confirming overtime, project logs or client invoices.
- Track communication deadlines. Michigan wage claims must be filed within 3 years under MCL 408.479.
- Contact LEO early; investigator findings often persuade employers to comply.
- Consult an attorney before filing suit. Proper pleadings and motions increase your odds of success.
- Use the IRS online portal to request wage transcripts (Form 4506-T).