Detailed Answer: Obtaining Proof of Lost Wages in Missouri
If your former employer refuses to provide payroll records, you still have several options to document your lost wages under Missouri law. Start by gathering any records you can access—pay stubs, bank statements showing direct deposits, W-2 or 1099 forms, and calendars or time logs that reflect your hours worked. Missouri employers must keep payroll and time‐of‐hire records for at least two years under Mo. Rev. Stat. § 290.230. If your employer fails to produce records, consider these steps:
1. File a Wage Claim with Missouri Department of Labor
Submit a claim through the Missouri Department of Labor and Industrial Relations. The department can investigate missing or incorrect pay and may compel your employer to supply payroll documents. You must file within three years of the unpaid wages under Mo. Rev. Stat. § 290.500.
2. Obtain IRS Transcripts
Request a Wage and Income Transcript (Form 4506-T) from the IRS. It shows income reported by your employer and can serve as evidence of your earnings if pay stubs are missing. Visit IRS Get Transcript.
3. Use a Subpoena in Court
If you file a lawsuit—such as a small claims or civil action for unpaid wages—you can issue a subpoena for payroll records under Missouri Supreme Court Rules 57.01–57.07. The court can order your ex‐employer to produce time sheets and payroll ledgers.
4. Compile Affidavits and Secondary Evidence
If primary records remain unavailable, gather secondary evidence: sworn statements from coworkers, performance reviews, client invoices, or emails confirming hours or pay rates. Missouri courts may accept this evidence if it reliably supports your wage claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Missouri attorney to discuss your specific situation.
Helpful Hints
- Keep personal copies of all pay stubs and time records going forward.
- Document every request you make to your former employer—dates, methods, and responses.
- Act promptly: Missouri’s statute of limitations for wage claims is three years.
- Consider mediation through MoDOL before filing a lawsuit to save time and expense.
- Maintain organized folders (digital or paper) with all financial documents relating to your employment.