Can my former employer require me to pick up my W-2 in person?

UPDATED: Sep 30, 2022

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Can my former employer require me to pick up my W-2 in person?

It was past the due date for me to receive my W-2 from my former employer, so i called them. My former employer said they have my W-2 in the safe and are requiring me to my to pick up my W-2, if I want to have it. They did not send out the W-2’s by mail.

Asked on February 16, 2016 under Employment Labor Law, Florida


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

Answered 6 years ago | Contributor

Businesses must send W-2 forms out to their employees by Jan. 31 of the tax year. The purpose of the W-2 is to report the wages earned annually to both the Internal Revenue Service, as well as to the employee. Employers' W-2 forms must have a postmark stating the form went out by Jan. 31. While a final paycheck can be held for personal pick-up, a W-2 cannot. If your former employer will not send it to you, you can cntact the IRS and your state's department of labor. To withhold an employee's W-2 is illegal.


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 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.

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