How to Obtain Proof of Lost Wages When Your Employer Won’t Provide Records
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.
Detailed Answer
Under Maine law, every employer must maintain accurate payroll records for at least three years. See 26 M.R.S. § 626. If your former employer refuses to give you your records, consider these steps:
1. Request a Wage and Income Transcript from the IRS
You can request Form 4506-T from the IRS to obtain a wage and income transcript. That transcript shows wages reported under your Social Security number and may serve as proof of earnings.
2. File a Wage Claim with the Maine Department of Labor
The Maine Department of Labor enforces unpaid wage claims. Under 26 M.R.S. § 661, you can file a complaint online or by mail. The department can issue subpoenas and order your employer to produce payroll records.
3. Use Maine’s Small Claims or Superior Court Discovery
If you sue your former employer for unpaid wages or breach of contract, you can use the discovery process to obtain payroll records. Under Maine Rule of Civil Procedure 26, you may request documents and take depositions. Keep in mind that breach of contract actions have a six-year statute of limitations. See 14 M.R.S. § 752.
4. Compile Alternative Evidence
If official records remain unavailable, gather any of the following to support your claim:
- Pay stubs or direct deposit confirmations
- Bank or credit union statements showing payroll deposits
- Timesheets, calendar entries, or shift schedules
- Your W-2 or 1099 forms
- Offer letters, employment agreements, or workplace communications
Helpful Hints
- Act promptly. Maine allows six years to sue for unpaid wages under contract law.
- Keep a dedicated file with all communications and evidence.
- Send written requests and follow up by certified mail to document your efforts.
- Contact legal aid organizations if you cannot afford a private attorney.
- Visit the Maine Department of Labor website for free resources and claim forms: maine.gov/labor.