How to Obtain Proof of Lost Wages When Your Former Employer Will Not Provide Payroll Records in North Carolina
How to Prove Lost Wages When a Former Employer Refuses to Hand Over Payroll Records
Why Lost Wage Documentation Matters in a Personal Injury Claim
Under North Carolina law, you may recover the income you missed because an accident kept you out of work. Juries and insurance adjusters, however, need evidence. When a past employer ignores your request for payroll records, you still have several ways to assemble a reliable paper trail.
Key Takeaways
You are entitled to seek wage-loss damages even if your employer will not cooperate.
North Carolina Rule of Civil Procedure 45 allows you to subpoena payroll records once a lawsuit is filed.
Tax returns, W-2s, bank statements, and sworn statements can bridge evidentiary gaps.
Detailed Answer
1. Try Informal Requests First
Begin with a polite, written request to the company’s human-resources or payroll department. Attach a signed authorization, and give a reasonable deadline (10–14 days).
2. Gather Substitute Documentation You Already Control
Even without employer records, you likely possess other documents that show your average earnings:
Tax Returns and W-2s/1099s – The IRS accepts requests for prior-year wage transcripts (Form 4506-T). These transcripts detail each employer’s reported wages.
Pay Stubs or Direct-Deposit Slips – Bank statements often list the employer’s name and the net amount deposited on each pay date.
Employment Contract or Offer Letter – Hourly rate or salary terms help an economist calculate lost earnings.
Timesheets or Scheduling Apps – Many companies use third-party scheduling tools; screenshots can corroborate missed hours.
3. Obtain Sworn Statements
A simple affidavit of lost wages signed by you and, ideally, a former supervisor can supplement hard records. Notaries are inexpensive and North Carolina courts accept properly executed affidavits as competent evidence (see N.C. Gen. Stat. § 8-21).
4. Leverage the Subpoena Power After Filing Suit
If informal efforts fail and the insurer disputes your claim, filing suit unlocks subpoena power. Under N.C. Gen. Stat. § 1A-1, Rule 45, you may serve a subpoena duces tecum that compels the employer to produce payroll ledgers, W-2s, and timecards. Key points:
Advance Notice – Give the employer at least 10 days to respond or move to quash.
Geographic Reach – A North Carolina subpoena is enforceable statewide; out-of-state employers require a domesticated subpoena.
Enforcement – If the company ignores the subpoena, the court may impose sanctions for contempt.
5. Use Depositions and Interrogatories
You can depose payroll personnel or serve written interrogatories asking for wage details. Testimony under oath carries the same evidentiary weight as documents.
6. Hire a Forensic Accountant or Economist
When complete records are unavailable—common with self-employment or tip-based jobs—an economist can project lost earnings by analyzing industry norms and your historical income. Courts often admit such expert opinions as long as they are based on reliable data.
Hypothetical Example
Maria, a Wake County rideshare driver, missed eight weeks of work after a rear-end collision. Her former dispatch company would not release her weekly summaries. Maria’s attorney obtained:
Her 2023 tax return showing $52,000 in rideshare income.
Bank deposits flagged "Uber" every Friday.
A subpoena under Rule 45 compelling disclosure of 2024 weekly logs.
An economist’s report converting her average weekly gross ($1,000) to net lost wages.
Faced with this evidence, the insurer settled for Maria’s full eight-week wage loss plus interest.
Helpful Hints
Order your IRS wage transcript early—processing can take 10–15 days.
Save every pay stub and direct-deposit notice going forward.
Document time missed from work in a diary; courts value contemporaneous notes.
If you changed jobs, request a letter from your current employer confirming start date and wage rate to prove you could not work sooner.
Consult an attorney before serving subpoenas; improper service may invalidate them.
Next Steps
Securing convincing wage-loss documentation is possible even when a former employer withholds records. Our North Carolina personal injury team has years of experience gathering, authenticating, and presenting income evidence that insurance companies respect. To protect your claim, call us today at 919-313-2737 for a free consultation.
