How do I calculate and support lost wage claims when hours and pay rate records are missing? – DE | Delaware Estate Planning | FastCounsel
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How do I calculate and support lost wage claims when hours and pay rate records are missing? – DE

August 6, 2025 2 min read

Detailed Answer

This overview explains how to reconstruct and support a lost wage claim when you lack complete records under Delaware law. Note: This is not legal advice. Consult an attorney or the Delaware Department of Labor for specific guidance.

Under the Delaware Wage Payment and Collection Act (Title 19, Chapter 11, Subchapter II), employers must keep accurate payroll and time records. When those records are missing, you can use reasonable methods to estimate your lost wages. The Delaware courts and the Department of Labor accept reconstructed evidence if you present a reliable basis for your claim.

  1. Gather indirect documentation:

    • Bank statements showing deposit dates and amounts.
    • IRS Forms W-2 or 1099 detailing annual earnings.
    • Paycheck stubs or direct deposit advices, even if partial.
    • Time sheets, calendars, shift schedules, or emails confirming hours worked.
  2. Use witness statements:

    • Affidavits from coworkers or supervisors verifying your work schedule and rate.
    • Client or vendor correspondence referencing tasks you performed.
  3. Calculate your rate:

    If you lack a formal pay rate, estimate it from:

    • Offers of employment or job advertisements for similar positions during the same period.
    • Federal minimum wage or applicable industry standard.
  4. Estimate total hours:

    • Use your typical workweek multiplied by the number of weeks involved.
    • Adjust for known absences, overtime, or schedule changes.
  5. Apply Delaware’s evidentiary presumption:

    If you present a reasonable estimate of hours worked and your employer lacks records to rebut your claim, the court may accept your calculation. This aligns with federal standards on wage recordkeeping (see 29 C.F.R. §516).

  6. File with the Delaware Department of Labor:

    Submit a wage claim online or by mail. Include your reconstructed calculations, all supporting documents, and a written explanation. The Department will review evidence under 19 Del. C. §1103.

Helpful Hints

  • Start collecting every piece of evidence immediately—even informal notes help.
  • Keep copies of all communications with employers regarding wages.
  • Consult the Delaware Department of Labor’s Wage and Hour Unit for claim forms and guidance.
  • Document your reconstruction methodology step by step for clarity in hearings.
  • If estimates vary, use a conservative approach and explain your assumptions.

Disclaimer: This information is educational only and does not constitute legal advice. For legal counsel, contact a qualified attorney in your area.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.