Disclaimer: This article provides general information and is not legal advice. Consult an attorney for advice about your situation.
Detailed Answer
If your former employer refuses to provide your payroll records, you can use several methods to assemble proof of lost wages under Kentucky law.
1. Understand Kentucky’s record-keeping rules
KRS 337.070 mandates that employers keep payroll records for at least three years. You can cite this requirement when you demand your records. See KRS 337.070.
2. File a wage claim with the Kentucky Labor Cabinet
The Kentucky Labor Cabinet enforces wage laws in KRS Chapter 337. You can file a wage claim online or by mail. The Cabinet can subpoena your employer’s payroll records. Learn more on the official site: Kentucky Labor Cabinet Wage and Hour Claims.
3. Obtain IRS wage transcripts
Use IRS Form 4506-T to request your wage and income transcripts. These transcripts list your annual earnings reported on W-2s and 1099s. Visit the IRS website: Form 4506-T.
4. Get Social Security earnings statements
You can request an annual Social Security Statement online at Social Security Administration. It shows your reported wages each year.
5. Gather supporting documents
Collect bank statements showing direct deposits. Review old pay stubs, signed offer letters, performance reviews, or employment contracts that mention salary. Together, these documents can help prove your lost wages.
6. Use civil discovery if you file a lawsuit
If you file a lawsuit for unpaid wages, you can use discovery tools under the Kentucky Rules of Civil Procedure (e.g., Requests for Production) to compel your employer to produce payroll records.
Helpful Hints
- Keep copies of all written requests to your employer and the Labor Cabinet.
- Note deadlines: Kentucky generally requires wage claims within two years.
- Check your employment contract for record-keeping clauses.
- Consult free legal aid programs if you cannot afford an attorney.
- Organize documents chronologically to simplify your claim.