If myemployer didn’t send me my W2 form by the 31st of January,can I sue?

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If myemployer didn’t send me my W2 form by the 31st of January,can I sue?

Asked on February 1, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can sue--but why?

You can only collect monetary compensation equal to your actual monetary loss. Not sending you a W2 does not, by itself, cost you anything--therefore, you can't collect money, at least not unless and until you suffer some loss (e.g. actually experience a fine or penalty) for this form not being completed.

So all you could sue for is a court order directing your employer to provie you the W2, which seems an overly expensive thing to do.


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