Evidence Needed for Unpaid Wage Claims

Strong Evidence Turns Your Claim Into a Winning Case

Every worker who’s been shortchanged knows the frustration: you worked the hours, you showed up, but the paycheck doesn’t match the effort. Taking legal action is the next step, but no claim succeeds on frustration alone. To win, you need evidence.

Evidence transforms your story into a case the courts can recognize. It documents the hours you worked, the pay you should have received, and the ways your employer failed to comply with the law. Without it, employers deny, delay, or claim ignorance. With it, they’re often forced to settle or face trial. At Horn Wright, LLP, our employment law attorneys build cases around proof that speaks louder than excuses.

Pay Stubs, Time Records, and Direct Deposits

The first place to look for evidence is in the paperwork your employer already generates. Pay stubs, timecards, and direct deposit records can reveal discrepancies between hours worked and wages paid.

• Pay stubs. In New York, NYLL § 195(3) requires employers to issue detailed wage statements. Missing overtime lines, flat pay despite long hours, or inconsistent pay periods often point directly to violations.
• Time records. Employers must keep accurate records under FLSA § 211(c). If they fail, workers can rely on their own notes or testimony. Courts are clear: the burden is on the employer, not the employee.
• Direct deposits. Bank statements showing fixed deposits regardless of fluctuating hours worked often prove underpayment.

These documents form the backbone of most claims. They’re also crucial for calculating back pay & damages, a step that determines how much a worker can recover in a settlement or verdict.

Witness Testimony and Co-Worker Support

Not all evidence is written down. Sometimes the strongest proof comes from the people who stood beside you on the job. Co-workers who experienced the same violations can provide compelling testimony.

For example, in restaurants, one server’s testimony about off-the-clock closing duties is powerful. But when three or four servers describe the same routine, wiping tables, restocking, and cleaning long after the last clock-out, the pattern becomes undeniable.

Witness testimony is also vital in misclassification & unpaid wage claims. When workers testify that their “manager” title came with no actual authority, it undermines an employer’s claim that the exemption was valid. The same goes for “independent contractors” treated like employees in every practical sense.

Courts don’t expect workers to fight alone. They recognize that patterns of abuse affect entire workplaces, and they take co-worker testimony seriously.

How to Preserve and Protect Your Evidence

Gathering evidence is one step; keeping it safe is another. Employers often react defensively when workers raise concerns about unpaid wages. Some even restrict access to payroll systems or delete records once a complaint is filed. Protecting your evidence ensures it remains usable in court.

Workers should:

• Save copies at home. Keep paper or digital pay stubs outside of work systems.
• Use personal devices. Forward schedules or timekeeping screenshots to personal emails or phones.
• Document conversations. Write down dates and details of discussions with managers about pay.
• Avoid workplace retaliation traps. Don’t use company computers for sensitive storage.

New York law, particularly the Wage Theft Prevention Act, requires employers to maintain records for six years. But when those records go missing, courts accept worker-provided evidence. That’s why filing a claim for unpaid wages often starts with organizing the proof you already have and securing it from employer interference.

New Hampshire Courts Require Stricter Documentation Than New York

Where you work matters. In New Hampshire, courts demand more formal documentation to support wage claims. Workers often struggle if pay stubs or timecards are missing, since state law doesn’t lean as heavily in favor of the employee.

New York is different. Courts here take a more balanced approach. Under NYLL § 198(3), employees can recover up to six years of unpaid wages. And if the employer’s records are incomplete, testimony and secondary evidence often carry the day. The burden shifts to employers who failed their duty under NYLL § 195(4) to keep accurate records.

This difference can determine outcomes. In New York, workers without perfect paperwork still have a path forward. In New Hampshire, the lack of formal documentation can be fatal to a claim. That’s why New York has become a leading state for recovering unpaid wages from employers.

Why Missing Records Do Not Always Defeat Your Case

Many workers assume their case collapses if records are missing. That’s not true in New York. Courts understand that employers control most documentation and sometimes withhold or falsify it. When that happens, judges and juries are more willing to accept worker testimony.

Consider the U.S. Supreme Court’s decision in Anderson v. Mt. Clemens Pottery Co. (1946), which remains a cornerstone of wage law. The Court ruled that when an employer fails to keep accurate records, an employee’s reasonable recollection of hours worked is enough to shift the burden back to the employer. That principle applies under both the FLSA and New York law.

So, even if timecards are altered or missing, workers can still succeed. They may rely on their own notes, co-worker testimony, or circumstantial evidence like swipe-card entries. Employers who assume they can escape liability by destroying records often find themselves facing even harsher outcomes. This is why employer record-keeping violations & unpaid wages are such a critical part of litigation strategy.

Digital Evidence That Strengthens Worker Claims

In today’s workplaces, digital records are everywhere, and they can be some of the most persuasive evidence.

• Emails and texts. Messages from supervisors asking you to come in early or stay late show expectations that weren’t compensated.
• Scheduling apps. Screenshots from apps like HotSchedules or Kronos often prove assigned hours.
• Badge swipes. Electronic access records can confirm when workers entered or left a job site.
• GPS data. For delivery drivers or remote workers, GPS logs can confirm active hours.

Digital evidence is especially useful in industries where informal scheduling is common. It’s also vital in proving employer liability for unpaid wages, since it demonstrates that companies had the tools to track hours but chose not to.

Courts increasingly accept digital records as reliable proof. Workers who collect this kind of evidence strengthen their claims dramatically, even when employers argue otherwise.

Horn Wright, LLP, Helps Workers Build Cases With Solid Evidence

Evidence is the difference between suspicion and justice. It turns unpaid wages into recoverable damages and forces employers to answer for their conduct. At Horn Wright, LLP, we know how to gather, protect, and present evidence that wins cases.

Our employment law attorneys dig into payroll records, interview co-workers, and secure digital data. We calculate back pay and damages down to the last cent, ensuring settlements or verdicts reflect the full scope of losses. Most importantly, we level the playing field when employers assume workers can’t prove their claims.

If you’re ready to work with a nationally recognized firm that builds unpaid wage cases on solid evidence, Horn Wright, LLP, will make sure your evidence speaks for you.