What do I need to prove a wage claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.