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
Under North Dakota law, you—and former employees—have the right to receive accurate wage information. If an employer refuses to provide payroll records, you can still gather evidence and compel production through state agencies or the courts.
1. Review North Dakota Wage statutes
- Timing of wage payment: NDCC § 34-14-02 requires employers to pay all earned wages on regular paydays. Link to statute.
- Penalties for nonpayment: NDCC § 34-14-09 allows employees to recover unpaid wages plus double damages if an employer willfully withholds pay. Link to statute.
2. Use alternative documentation
When official payroll records aren’t available, compile other proof of income and hours worked:
- Bank statements showing direct deposits or checks.
- Tax documents (W-2 or IRS wage transcripts). You can request a wage & income transcript from the IRS at irs.gov/get-transcript.
- Personal calendars, time logs, or email records you created to track hours.
- Pay stubs or screenshots of online pay portals.
- Affidavits from co-workers confirming hours and pay rate.
3. File a wage claim with the state
The North Dakota Department of Labor & Human Rights (ND LDHR) enforces wage-payment laws. You can:
- Submit a written complaint online or by mail. Visit the ND LDHR Wage Claims page: nd.gov/labor/disputes/wage-claims.
- The agency will investigate, and it can subpoena payroll records on your behalf.
- ND LDHR operates under NDCC § 34-01-07 for enforcement authority. Link to statute.
4. Pursue a civil action and discovery
If the agency route doesn’t resolve your claim, you may sue in small claims or district court.
- Use the North Dakota Rules of Civil Procedure, Rule 34, to request production of documents.
- If necessary, serve a subpoena duces tecum under NDCC § 28-27-04 to compel your former employer to produce payroll records. Link to statute.
- You can request attorney’s fees and costs if the court finds the employer acted in bad faith.
Helpful Hints
- Start gathering any personal documentation immediately after separation.
- Keep copies of all communications (letters, emails) with your former employer.
- Consider filing a wage claim within two years; NDCC § 34-14-21 sets the statute of limitations at two years for wage actions. Link to statute.
- Engage an attorney if the amount in dispute exceeds small claims limits or if the employer is uncooperative.
- Be prepared to show good-faith efforts to get records before seeking judicial relief.