Detailed Answer
1. Overview of Washington Wage Laws
Under RCW 49.12.030, employers must pay employees all earned wages on time. RCW 49.48.060 requires employers to provide wage statements showing hours worked and pay rates. If records go missing, you still have rights under RCW 49.52.050, which allows recovery of unpaid wages and penalties.
2. Reconstructing Missing Hours and Pay Rates
When your employer’s records are missing, reconstruct them using alternative evidence:
- Bank and payroll deposits
- Personal calendars or electronic schedules
- Email chains and text messages about shifts
- Workplace time clocks or security badge logs
- Affidavits from coworkers or clients
3. Calculating Your Lost Wages
After gathering evidence, multiply your reconstructed hours by your pay rate. If you cannot determine your exact rate, use the legal minimum wage as a baseline under RCW 49.48.010. Add any overtime premiums if you worked over 40 hours in a week.
4. Documenting Supporting Evidence
Organize all records chronologically. Include:
- Bank statements and pay advice
- Written communication with your employer requesting missing records
- Affidavits from colleagues confirming your hours
- Photographs of time logs or job site check-ins
5. Filing a Lost Wage Claim
You can file a wage claim with the Washington Department of Labor & Industries using their online form or submit a private lawsuit in small claims or superior court. Under RCW 49.52, you may recover unpaid wages plus a penalty of up to 100% of the wages owed.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Send written requests to your employer for missing pay records.
- Use online payroll portals to download archived pay stubs.
- Obtain detailed coworker statements about your hours.
- Keep thorough notes of all employer interactions.
- Act quickly to meet Washington’s statute of limitations for wage claims.