My ex employer won't give me my pay stubs.. what are my rights?

Asked over 2 years ago - Auburn, WA

I worked for a very small business from March of 2011 to the very end of October of 2011.We would never receive a pay stub. She had it set up automatic from a tax company to send pay stubs to her by email and she would write out us a check. If she had to make any changes, it would cost her, so she wouldn't make any changes. If I worked less than my 24 hours, she would just figure out how much she thought was right and write the check for that amount, but my pay stub would be the same. I got married Aug 20, 2011 and took the next week off. when I came back I requested the last 3 pay stubs for my college and when I received them, there was a pay stub for the week i took off and didn't work and get paid for. I have requested my last month pay stubs and she is refusing.I have asked many times.

Attorney answers (2)

  1. Robert Daniel Kelly

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should always keep copies of important pay records. Your employer can probably get copies of the checks from the bank. The records of the various Washington State governmental agencies would also probably subject to a Freedom of Information Act or Public Records request.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=42.56

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  2. William D. Edelblute

    Contributor Level 11

    Answered . RCW 49.12.240, .250 and .260 are statutes that provide you with the right to see your personnel files, and usually this in interpreted to mean getting a copy. An administrative regulation requires the employer to provide the records within 10 days. Personnel records would probably include you pay records, I have never had an employer refuse to provide them upon my request.

    So you have the right to your pay stubs. It might be cost prohibitive to hire an attorney over this, so I would call Labor and Industries, wage and hour division, to report that you don't know if you are being paid properly because you don't get paystubs and they may be willing to contact your employer.

    You do state they when she would make changes to your pay, "my pay stub would be the same" so apparently you must receive pay stubs at times. Clearly the company that handles the payroll would keep the records, and she can get them, it is not acceptable to play games with your pay records, as you always need to know if the deductions are correct.

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