Can an employer fill out a w2 for an employee?

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Can an employer fill out a w2 for an employee?

My s/o was working off the books, her boss just recently decided to put her on
the books. She is now getting a check with taxes being taken out. She believes
her boss filled out the w2 for here with out her consent. What steps should be
taken to find out this info and where should we go from here?

Asked on January 22, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The W2 is  created by the employer: it is the tax form they file with the IRS showing how much they paid the employee. Employee consent or input is not required for the document, since it required of the employer and is employer generated.


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