How can I obtain proof of lost wages when my former employer will not provide payroll records? (AZ) | Arizona Estate Planning

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

If your former employer refuses to hand over payroll records, Arizona law offers several paths to secure proof of your lost wages:

Statutory Right to Inspect Records. Under ARS §23-352, employees may inspect and copy time and pay records. Send a written demand by certified mail citing this statute. Include dates of employment and specific pay periods you need.
File a Wage Claim with the Industrial Commission of Arizona (ICA). The ICA enforces wage‐payment laws. You can submit a claim online at azica.gov. The ICA will subpoena records from your employer if they won’t comply voluntarily.
Pursue a Civil Lawsuit. Under ARS §12-1518, you have one year from the date wages were due to file a lawsuit for unpaid wages. During discovery, you can serve a subpoena duces tecum on your employer to produce payroll documents and timesheets.
Use Federal Resources. If you suspect FLSA violations, file a complaint with the U.S. Department of Labor’s Wage and Hour Division (dol.gov/agencies/whd). Federal investigators can compel your employer to share records.
Alternative Records. If official payroll records remain unavailable, you may rely on pay stubs you saved, bank statements showing direct deposits, Form W-2 or 1099 forms, time logs you maintained, and testimony from co-workers or supervisors.

Always send record requests in writing and keep copies of all correspondence.
Document your hours worked: maintain a personal log with dates, times, and tasks completed.
Gather supporting documents: bank statements, tax forms, digital pay stubs, and any electronic communications about hours or pay.
Talk to former colleagues who might have records or will testify about your schedule and pay.
Reach out early: the statute of limitations for unpaid wages claims in Arizona is one year (ARS §12-1518).
Consider consulting an employment attorney to assist with subpoenas or wage-claim hearings if informal efforts fail.