Employment records and time records are very important when bringing an unpaid wages claim, though you do not need those records to bring a wage claim. These records can provide critical evidence to support your claim and make it easier to prove how much you are owed. Your attorney will obtain these records during your case if you do not already have them.
At Rowdy Meeks Legal Group LLC, we will vigorously pursue employee wage rights. The firm has the experience to assess and pursue claims against employers for minimum wage and overtime violations, among other employment claims.
Why Employment and Time Records Are Important to Bring an Unpaid Wages Claim
- Proof of Hours Worked: Time records (such as timesheets, clock-in/out records, or hours tracked by an app) show the recorded hours your employer claims you worked. If your employer failed to pay you for those hours, these records can serve as solid evidence of unpaid work time. These records can also show that your employer failed to pay you for work time not included in the records.
- Verification of Pay: Pay stubs, wage statements, or direct deposit records demonstrate what you were paid. Comparing your time records with your pay records can help show if you were shorted for any hours worked, missed overtime, or unpaid wages.
- Employment Agreement: Your employment records, including your employment contract or offer letter, may outline your pay rate, job duties, and work schedule. This can be key to showing what you were promised versus what you were actually paid.
- Overtime and Breaks: If your claim involves unpaid overtime or missed breaks, time records can be crucial in showing whether you worked beyond the standard 40 hours per week, or worked through your breaks and/or meal periods.
What If You Don’t Have Your Records?
You can still file an unpaid wages claim even if you don’t have proof of hours worked. Under federal law, the employer must keep accurate records of employees’ hours worked and wages paid. The law gives a presumption in favor of employees when employers fail to maintain records according to the FLSA and state laws. This means that the employee’s memory of hours worked prevails in the case unless the employer can successfully rebut through hard evidence the employee’s memory of hours worked.
Here’s how to proceed if you don’t have your records:
- Recreate Your Time: Try to create a detailed log or calendar of the hours you worked and the pay you received. Even a rough estimate can help support your claim.
- Testimony and Witnesses: If you don’t have exact records, your own statements and the testimony of coworkers who can vouch for your hours worked can also serve as evidence.
- Request Records from Your Employer: In many states, you can request copies of your time records or pay stubs from your employer. If you’ve left the company, check your state laws to see how long employers are required to maintain these records (often 2-4 years). Your attorney will do this for you.
- Filing a Claim: You can file a wage claim with your state labor department or the U.S. Department of Labor even without records. The agency can investigate your employer and may obtain the records on your behalf if the agency actually takes your claim and then acts on it.
What Employment Records to Collect to Bring an Unpaid Wage Claim
When filing an unpaid wages claim, you should gather as much documentation as possible. Helpful records include:
- Pay stubs or wage statements
- Timesheets or clock-in/out records
- Employment contracts or offer letters
- Bank records or deposit slips showing wage payments
- Emails or communications with your employer discussing pay or hours worked
- Any handbooks or policies outlining wage and hour practices
Contact an Experienced Employment Attorney to Fight For Your Rights
While you don’t always need employment records and time records to bring an unpaid wages claim, those records can be valuable evidence that can strengthen your case. Navigating the legalities of unpaid wages can be daunting, so contacting an employment attorney like Rowdy Meeks Legal Group LLC is beneficial.
If you want to learn more about needing employment records and time records to bring an unpaid wages claim, you should contact us today.