Disclaimer: This information is for educational purposes and does not constitute legal advice.
Detailed Answer
If your former employer refuses to provide payroll records, you still have options to prove lost wages under Pennsylvania law. Employers must maintain payroll records for at least three years and produce them on request to the Pennsylvania Department of Labor & Industry (L&I). You can file a wage claim to enforce this requirement under the Pennsylvania Wage Payment and Collection Law (43 P.S. §§260.1–260.45).
Follow these steps:
- File a complaint with L&I: Submit Form UC-535 Wage Claim to the Pennsylvania Department of Labor & Industry.
- Obtain alternative records: Use W-2s, W-4s and 1099s. Request an IRS Wage and Income Transcript via IRS Form 4506-T.
- Gather bank statements: Highlight direct deposit entries or check clearances corresponding to pay dates.
- Serve a subpoena in court: If you file a civil suit, request payroll records through a subpoena under Pennsylvania Rules of Civil Procedure Rule 4009.22.
- Seek a court order: Ask the court to compel production of records at a hearing.
Helpful Hints
- Document every request in writing. Keep copies of letters or emails.
- Track unpaid hours and wage rates in a spreadsheet to support your claim.
- Contact L&I early; deadlines may apply.
- Consider small claims court if your claim falls within the monetary limit.
- Consult an attorney for guidance on complex cases or large claims.