Is it legal for an employer that closed their business but is operating with a different business name, to not send me a W-2?

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Is it legal for an employer that closed their business but is operating with a different business name, to not send me a W-2?

I was employed with a company that closed their previous Home Care business and opened a new home care, and received 1 W-2 for the new company name, however they haven’t sent me a W-2 for the old company and they owe me a W-2 for over 9k. I called the company that handles our check stubs and W-2’s today to try and get both of those sent to me, and the woman I spoke with said that she will not give me any information of mine as I’m not a registered user through the account with them. Can they do this – not give me my stubs or W-2 if I request them? Also, how do I go about getting them? I tried to contact the company already to see if they intended on sending them and they will not call me back. I know they have a little time but seeing as I already got the other W-2 last week, there’s no reason why I shouldn’t get another.

Asked on January 26, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is the same business entity (same LLC or corporation) operating under the new name, then yes, they should provide the W-2. If they don't, however, the only way to try to force them to do so is to contact the IRS about the situation: the IRS can call the employer and tell them to send it. If you still don't get it in time, there is a way to file your taxes with out it, with a Form 4852 in which you estimate your wages and the withholding they took out.
If the LLC or corporation you worked for is closed/dissolved, it may be impossible to get a W-2, since there is no one there any more to generate it. Again, you can sue the Form 4852 method to file.
Here's a link to a helpful IRS webpage: https://www.irs.gov/taxtopics/tc154.html


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