Detailed Answer
Under New Jersey law, you have a right to accurate wage information and there are multiple ways to obtain proof of lost wages if your former employer refuses to share payroll records:
1. File a Wage Claim with the NJ Department of Labor
The New Jersey Wage and Hour Law (N.J.S.A. 34:11-4.1 et seq.) requires employers to maintain payroll records and furnish employees with itemized statements each pay period. If your employer will not cooperate, you can file a wage claim online with the New Jersey Department of Labor & Workforce Development. The Department can issue subpoenas to compel your employer to produce payroll documents.
2. Gather Alternative Documentation
- Tax forms (W-2, 1099)
- Bank or direct deposit statements showing pay deposits
- Time records, work schedules, emails or shift confirmations
- Personal calendars or notes documenting hours worked
- Affidavits or statements from coworkers or managers
3. Use Civil Discovery
If you file a lawsuit for lost wages under the New Jersey Wage Payment Law (N.J.S.A. 34:11-4.1 to ‑4.14), you can request payroll records in discovery. Under Court Rule 4:10-2 (subpoena duces tecum), you may subpoena your former employer or a third-party payroll provider to produce records.
4. Consult an Attorney
An employment attorney can draft formal discovery requests or administrative subpoenas to obtain withheld records. They can also advise on potential claims for wage theft or breach of contract.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in New Jersey.
Helpful Hints
- Keep copies of all pay stubs, emails and schedules from your employment.
- Record dates and times you worked, breaks taken and any communications with HR or payroll.
- Regularly download bank statements or direct deposit records.
- Follow up in writing when you request records from your employer.
- Act quickly: under N.J.S.A. 34:11-4.3, claims should be filed within two years for most wage violations.
- Consider mediation through the NJ Department of Labor to resolve disputes faster.