What do I need to prove a wage claim?

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What do I need to prove a wage claim?

I have my pay stubs and I’ve finally been paid all my earnings but state law enforces a waiting penalty as well. I waited 23 days before my old employer mailed my earnings to me. I filed a wage claim after my check did not include my earned pto. The labor board mailed me a letter saying that I have to carry the burden of proof. What does that mean? Would my pay stubs with the date on them be adequate proof?

Asked on October 24, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states one's pay stubs for a given period of time, W-2's and even a letter from one's employer setting forth what one's pay per hour or salary ordinarily is enough to establish what one's wages were for a specific period of time. Your pay stubs should be fine to establish your wage claim for a certain period of time.


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