Can a employer withhold a W-2?

So my son went to the same daycare I worked at and he started to have seizures again so I quit and pulled him out. We still have a balance that is due that I haven’t been able to pay because I’m out of work. Well my employer has told me that she

Asked on March 6, 2017 under Employment Labor Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is illegal. An employer is required by law to issue a W2 (or 1099 if appicable), to all employees. You can report them to the IRS for this. That having been said, you may or may not owe them money. If you do, then your ex-employer can sue you in small claims court for it.

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