How can I get the company I previously worked for to send me a W2?

UPDATED: Oct 1, 2022

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How can I get the company I previously worked for to send me a W2?

I am permantly disabled. The company I worked for at the time I became disabled provided me with a ‘Life and longterm disability’ insurance policy as a benefit of my job. I became disabled as a result of a stroke in February 2013. The insurance company pays me a specific amount each month. They also take out income taxes from each of those monthly payments. It is my understanding that these insurance disability payments are considered income that I earned from the company where I previously worked. Every year I have had to asrgue with them about who’s responsible for providing my W2. It is the company I worked for’s responsibility. Almost every year I have to file for an extension because I don’t get my W2 in time. This year they decided to file a 1099-MISC form instead of a W2. That form is for an independent contractor. If I try to file using that form, I will be responsible for Self Employment taxes. And it could also cause problems with my Social Security Disability. Now that I informed them theY need to correct this error, they are not even responding to my emails.

Asked on April 10, 2018 under Employment Labor Law, North Carolina


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There really is no good way to force them to send you a W2. When someone does not fulfill their legal obligations, the only way to compel them to do so is though a legal action or lawsuit: you have to file a complaint (the document initiating a lawsuit) in which you seek a court order forcing them to do what they should be doing away. Only the courts can order someone to do something, and they only do so in the context of a lawsuit. Before doing that, meet with a tax preparer or, better yet, a full CPA who does taxes: tax preparers, accountants, etc. often deal with improper or incomplete paperwork and documentation, and the tax preparer or CPA may know who to file the right way even with the wrong paperwork--it's worth a conversation, before initiating a lawsuit.

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