Detailed Answer
When your former employer refuses to provide payroll records in Ohio, you can still document lost wages through several legal and practical steps.
1. Understand Ohio’s Payroll Record Requirements
Under Ohio law, employers must maintain accurate payroll and time records for at least three years. See Ohio Rev. Code § 4113.15: codes.ohio.gov/ohio-revised-code/section-4113.15. Employees may request inspection or copies of these records. An employer’s refusal could violate state wage and hour statutes.
2. Gather Alternative Documentation
If your employer won’t cooperate, compile independent proof of earnings and hours:
- Bank statements showing direct deposits or payroll checks.
- IRS transcripts (Form W-2 or 1099) obtained via the IRS website.
- Personal calendars or logs detailing shifts and hours worked.
- Email or text exchanges with supervisors confirming schedules and pay rates.
- Time-stamped photos (e.g., clock-in screens or timecards).
3. File a Wage Claim with Ohio’s Bureau of Wage and Hour
The Ohio Department of Commerce Wage and Hour Bureau enforces unpaid wage claims. Submit a written complaint online or by mail:
- Online: Ohio Wage and Hour
- Phone: (614) 644-2239
- Mail: Ohio Department of Commerce, Wage and Hour, 6606 Tussing Road, Reynoldsburg, OH 43068
The bureau can subpoena payroll records from your former employer and may recover back wages on your behalf.
4. Consult Small Claims Court or Civil Court
If administrative remedies don’t work, you can sue in Franklin County Municipal Court (for claims under $6,000) or another county court where you worked. Present your alternative documentation and any Wage and Hour Bureau correspondence as evidence.
Disclaimer
This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Request payroll records in writing and keep copies of all correspondence.
- Track hours daily to create a contemporaneous record.
- Secure your W-2 or 1099 as soon as the employer issues it.
- Reach out to former coworkers for corroborating statements.
- Act quickly: Ohio Rev. Code § 2305.09 sets a two-year statute of limitations for wage claims.
- Keep all evidence organized by date to strengthen your claim.