Detailed Answer
If your former employer won’t provide payroll records, you still have options to document your lost wages under Oregon law. Employers must keep and maintain wage records for at least six years, per ORS 652.055. You can take these steps:
1. Gather Personal Records
Collect your own documentation, such as:
- Pay stubs or direct deposit statements.
- Bank statements showing deposits from your employer.
- W-2 forms or 1099s.
- Time logs, calendars, or digital time-tracking apps showing hours worked.
2. Request Records from Third Parties
- Bureau of Labor and Industries (BOLI): File a wage claim online with BOLI’s Wage and Hour Division (boli.oregon.gov/WHD). BOLI can investigate and compel your employer to produce records.
- IRS or State Tax Authorities: Request a transcript of your wage reports if you filed taxes, via IRS Get Transcript or the Oregon Department of Revenue.
3. Use the Courts
If informal requests fail, you can file a civil action or small claims suit for unpaid wages under ORS 652.610. During discovery, you can serve subpoenas or document requests to force production of payroll records. Oregon Rules of Civil Procedure Chapter 36 (ORCP 36) governs discovery.
4. Obtain Affidavits
Get written statements from coworkers or supervisors who can verify your hours and pay rate. Affidavits can support your claim if direct records are unavailable.
5. Keep Detailed Records Going Forward
To prevent future issues, maintain your own record of hours worked, pay notices, and communications with your employer.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific guidance, consult an attorney.
Helpful Hints
- Timeline: Note down dates you requested records from your employer.
- Document Communications: Save emails or written requests for records.
- Deadlines: File a wage claim with BOLI within one year of the last unpaid wages.
- Court Fees: Small claims in Oregon cover up to $10,000 and charge a filing fee based on your county.
- Professional Support: Consider legal aid clinics if you cannot afford an attorney.