How can I resolve the issue of my former employer not filing a W2 for me and also withholding my last paycheck?

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How can I resolve the issue of my former employer not filing a W2 for me and also withholding my last paycheck?

From October to January, I was employed with an electrical contractor, after figuring out my boss wasn’t being truthful I quit the job. He said that he sent out a check for the last 43 hours owed the next day, however after 3 weeks and not getting it I asked about it for him to ignore my calls and texts. I have not yet heard from him and assume he is not sending a check, for this job I also filled out a W2 form W4 and I suspect he did not file it. How do I resolve this issue would be appreciated.

Asked on February 6, 2019 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) You can sue him for the pay--he is legally obligated to pay for all the work you did and when he doesn't, a lawsuit (e.g. in small claims court, as your own attorney or "pro se") is the way you force him to pay.
2) You can't effectively force him to file the W2 at this point, so speak to a tax preparer about documenting your income and filing your taxes without it. You can do so--the lack of a W2 doesn't mean you can't file or pay taxes--but it would be good to get a tax preparer's or CPA's help to make sure you do everything right.


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