Detailed Answer
If your former employer refuses to provide payroll records, you still have several ways to gather evidence of lost wages under New York law. You can pursue a wage claim with the New York State Department of Labor (NYSDOL), seek court-ordered discovery, and use alternative documentation to establish earnings.
1. File a Wage Theft Complaint with NYSDOL
Under New York Labor Law §198, you may file a claim for unpaid wages or lost earnings. The NYSDOL can investigate and subpoena payroll records on your behalf. Visit the NYSDOL’s Wage Complaint page to submit your claim online: https://dol.ny.gov/worker-protection.
2. Use Alternative Documentation
Gather any records showing your hours and pay rates. These may include:
- Pay stubs you kept, even partial or photocopied versions.
- Bank or credit union statements showing direct deposits.
- IRS Wage and Income Transcript (Form 4506-T request): https://www.irs.gov/individuals/get-transcript.
- Form W-2 or 1099 sent for the relevant tax year.
- Time sheets, scheduling emails or text messages, and calendar entries confirming your shifts.
3. Pursue Court-Ordered Discovery
If you file a lawsuit in New York State Supreme Court or a civil court for unpaid wages, you can use a document subpoena under CPLR 2308. This compels a former employer or a third party (like a payroll provider) to produce relevant records:
CPLR §2308 – Document subpoena: https://www.nysenate.gov/legislation/laws/CVP/2308.
4. Consult an Employment Attorney
An attorney can help you draft discovery requests, file the wage claim, and navigate court procedures. They can also advise on statutes of limitations—typically six years for breach of contract or three years for statutory wage claims under NY Labor Law §§190–191.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Act quickly: Statutes of limitations may bar claims after three to six years.
- Keep digital backups: Scan any pay stubs, bank statements, and emails.
- Document your efforts: Record dates and methods of requests to your former employer.
- Check with co-workers: They may share similar documentation or support your claim.
- Use free resources: NYSDOL guides, self-help legal clinics and court websites.