Detailed Answer
When you need to prove lost wages and your former employer withholds payroll records, take these steps under California law. First, review California Labor Code §226, which requires employers to provide itemized wage statements. If your employer fails to comply, you can file a wage claim with the Division of Labor Standards Enforcement (DLSE).
1. Submit a written request. Send a certified letter to your former employer asking for pay stubs and time records. Keep proof of delivery. Under Lab. Code §226, employers must respond promptly.
2. File a DLSE wage claim. If the employer still does not provide records, file a claim online or by mail at the DLSE office. The DLSE can order your employer to produce payroll documents and award you penalties for non-compliance. See DLSE Filing Information.
3. Use alternative documents. Gather W-2 or 1099 forms, bank deposits, direct‐deposit records, insurance statements, time-tracking apps, or email exchanges about hours worked. These help estimate wages lost.
4. Consider subpoena power. If you file a lawsuit for unpaid wages or damages, your attorney can issue a subpoena duces tecum to compel your former employer to turn over payroll records during discovery.
5. Keep clear calculations. Organize your documentation into a spreadsheet showing dates, hours, and pay rate. This helps the DLSE or court determine accurate lost wages.
Disclaimer: This article provides general information under California law. It does not constitute legal advice, and you should consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Retain all correspondence. Save certified mail receipts and copies of letters you send.
- Document phone calls. Note dates, times, and names of anyone you speak with at your former company.
- Review your own records. Check personal calendars, emails, text messages, or timesheet apps for work history.
- Act promptly. California law sometimes limits how long you can file claims for unpaid wages.
- Know penalty amounts. Employers face up to $4,000 in penalties for failing to provide wage statements under Lab. Code §226(e).