Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When employers fail to maintain payroll records, Wisconsin law still allows employees to pursue lost wage claims. The Wisconsin Department of Workforce Development (DWD) enforces wage payment under Wis. Stat. § 109.03 (link) and requires employers to keep accurate payroll logs for at least three years per Wis. Admin. Code DWD 274.04 (link).
If your hours and pay‐rate records are missing, you can reconstruct your lost earnings using the following evidence:
- Bank Statements and Deposit Records: Gather statements showing direct deposits or cleared checks. Match deposit dates to pay periods and calculate your average pay per period.
- Tax Documents: Use IRS Form W-2s, business tax returns, or Schedule SE for self-employment to estimate annual earnings. Divide by the number of pay periods to find your rate.
- Work Schedules and Logs: Collect calendars, diaries, timesheets, or digital schedules noting hours worked each day.
- Coworker or Supervisor Affidavits: Obtain signed statements from colleagues or supervisors confirming your typical hours and pay rate.
- Job Offer Letters or HR Communications: Include emails or offer letters stating wage rates and expected hours.
After gathering evidence, calculate a reasonable average rate: multiply your estimated hourly rate by the number of hours lost each week, then multiply by the number of weeks you missed. If you file a wage claim under Wis. Stat. § 109.07 (link), the burden shifts to your employer to disprove your calculations. Wisconsin courts permit “just and reasonable inferences” when precise records don’t exist, preventing employers from benefiting from their own recordkeeping failures.
Helpful Hints
- Request missing payroll data directly from your employer or through DWD open records.
- Save all emails, texts, and written communications related to your employment terms.
- Prepare a clear timeline or declaration explaining how you estimated hours and pay rate.
- Use conservative figures to enhance credibility in administrative hearings.
- Access the DWD online wage claim portal for forms and guidance: dwd.wisconsin.gov.