Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer: Obtaining Proof of Lost Wages in Wyoming
When a former employer refuses to share payroll records, Wyoming law provides multiple ways to secure evidence of unpaid wages. You can use alternative documentation, administrative enforcement, or civil litigation to compel production of records.
1. Gather Alternative Evidence
Start by collecting any personal records you already have. These may include:
- Bank statements showing direct deposits or checks
- IRS Form W-2 or 1099
- Personal calendars, journals, or handwritten time logs
- Email exchanges or text messages confirming hours worked or pay rates
- Affidavits from co-workers or third parties who can verify your hours
2. File a Wage Complaint with the Department of Workforce Services
The Wyoming Wage and Hour Act lets you file an unpaid-wage complaint with the Department of Workforce Services (DWS). Under Wyo. Stat. §27-4-802, DWS can investigate your claim and issue subpoenas to your employer for payroll records. Complaints generally must be filed within three years of when wages were due.
3. Pursue a Civil Action and Use Discovery Tools
If DWS cannot resolve the dispute, or you choose to go straight to court, you may sue in district court under Wyo. Stat. §27-4-803. During litigation, you can use Wyoming Rules of Civil Procedure to obtain records:
- Interrogatories – Written questions to your former employer about hours worked and pay rates.
- Requests for Production – Formal demand for payroll documents, time sheets, and related records.
- Subpoenas – Court orders under W.R.C.P. Rule 45 compelling third parties (e.g., payroll processors or banks) to produce records.
Helpful Hints
- Send any written requests to your ex-employer by certified mail; keep copies of all correspondence.
- Organize and label all documents chronologically to build a clear timeline.
- Note all phone calls and in-person meetings in a log with dates, times, and participants.
- Act promptly—Wyoming’s statute of limitations for unpaid-wage claims is three years.
- Maintain backup copies: scan paper records and save digital files in multiple locations.
- Consider free assistance from legal clinics or the Wyoming State Bar’s referral service if you need guidance filing a complaint or lawsuit.