Employee Rights

Employer Didn't Give Me a Paystub: What to Do

Your Rights

30+ states require employers to provide paystubs

If your employer won't give you paystubs, you may have legal recourse. Most states require employers to provide itemized wage statements, and violations can result in significant penalties.

Whether you need paystubs for a rental application, loan, or just to verify your wages, this guide explains your rights and the steps to get the documentation you're entitled to.

What to Do: Step-by-Step

Request in Writing

Send a formal written request (email or letter) asking for your pay stubs. Keep a copy.

Be professional and specific: 'I am requesting copies of my pay stubs for [dates]. Please provide these within [timeframe].'

Check Your State Laws

Look up your state's paystub requirements. About 30 states require automatic paystubs.

If your state requires paystubs, your employer is violating the law by not providing them.

Contact HR or Payroll

If your direct request fails, escalate to HR or the payroll department.

Sometimes the issue is administrative, not intentional. HR may resolve it quickly.

File a Complaint

If your employer refuses, file a wage complaint with your state's labor department.

Most states have online complaint forms. This is free and may result in penalties for your employer.

Consult an Attorney

For persistent issues or wage theft, consult an employment attorney.

Many employment attorneys offer free consultations. You may be entitled to damages.

Paystub Requirements by State Category

Your rights depend on where you work. Here's a quick overview:

States Requiring Automatic Paystubs

(~30 states)

Examples: California, New York, Texas, Illinois, Florida, Pennsylvania

Employer MUST provide—file complaint if refused

States Requiring Upon Request

(~7 states)

Examples: Alaska, Arizona, Kansas, Missouri, Nebraska, North Dakota, Oklahoma

Request in writing—employer must provide

No Specific Requirement

(~13 states)

Examples: Alabama, Arkansas, Georgia, Idaho, Kentucky, Louisiana

No legal obligation, but employer must keep records

For the complete list by state, see our Paystub Requirements by State guide.

Sample Paystub Request Letter

Use this template to formally request your paystubs. Customize the bracketed sections:

Dear [HR Manager/Employer Name],

I am writing to formally request copies of my pay stubs for the pay periods from [Start Date] to [End Date].

Under [State] labor laws, employees are entitled to receive itemized wage statements. I have not received pay stubs for the above periods and require them for [reason: tax filing/rental application/loan application/personal records].

Please provide these documents within 10 business days. You may send them to:
- Email: [your email]
- Mail: [your address]

If you have any questions, please contact me at [phone number].

Thank you for your prompt attention to this matter.

Sincerely,
[Your Name]
[Employee ID if applicable]
[Date]

Tip: Send via email so you have a timestamped record. If sending by mail, use certified mail with return receipt requested.

Alternative Ways to Verify Income

If you can't get paystubs and need income verification now, these alternatives may work:

Bank Statements

Show direct deposits from employer

Tax Returns

W-2 forms show annual income

Employment Letter

Request a letter stating your salary

Offer Letter

Shows agreed-upon compensation

Direct Deposit Records

From your bank's online portal

When It May Be Wage Theft

If your employer refuses to provide paystubs, it may be hiding wage violations. Warning signs include:

Deposits don't match your expected pay
Overtime hours aren't paid at 1.5x rate
Deductions you didn't authorize
Employer pays cash to avoid records
Minimum wage violations

If you suspect wage theft: Document everything, compare bank deposits to expected wages, and contact your state's labor department or an employment attorney.

Need Income Documentation Now?

If you're self-employed or can't wait for your employer, create professional paystubs documenting your actual income.

Create Paystubs

Frequently Asked Questions

Can my employer refuse to give me a paystub?

It depends on your state. In about 30 states, employers are legally required to provide pay stubs automatically each pay period. In 7 states, they must provide them upon request. In about 13 states, there's no specific legal requirement, though employers must still maintain payroll records you can request to view.

What should I do if my employer ignores my paystub request?

First, put your request in writing (email creates a paper trail). If ignored, escalate to HR or payroll. If still refused, file a complaint with your state's labor department. You can also consult an employment attorney, especially if you suspect wage theft.

How do I file a wage complaint against my employer?

Contact your state's Department of Labor or Labor Standards Enforcement. Most have online complaint forms. You'll need to provide your employment details, what you're owed or requesting, and evidence of your requests. The process is usually free and confidential.

What are the penalties for employers who don't provide paystubs?

Penalties vary by state. California can fine employers up to $4,000 per violation. Massachusetts allows fines up to $25,000. Most states impose civil penalties of $100-$1,000 per violation. Some states classify it as a misdemeanor.

Can I be fired for requesting my paystubs?

No. Retaliating against an employee for requesting legally required documents is illegal. If you're fired or disciplined for requesting paystubs, you may have a retaliation claim. Document everything and consult an employment attorney.

I need paystubs for an apartment application but don't have them. What can I do?

You have alternatives: provide bank statements showing direct deposits, your most recent tax return/W-2, an employment verification letter from HR, or offer letters. Some landlords accept a combination of these. You can also create paystubs based on your actual earnings for documentation.

Is not receiving a paystub the same as wage theft?

Not necessarily, but they can be related. Not providing paystubs may indicate wage theft (unpaid wages, unpaid overtime, incorrect deductions). If you can't verify your pay, review your bank deposits against your expected wages. Discrepancies may indicate theft.

How long should my employer keep payroll records?

Federal law requires employers to keep payroll records for at least 3 years. Many states require longer (4-7 years). This means you should be able to request records for at least the past 3 years, even if you weren't given paystubs at the time.