What canI do if my employer lost my W2 with all my personal information, including my SSN?

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What canI do if my employer lost my W2 with all my personal information, including my SSN?

My employer lost my W2 form a month ago. I received a paycheck with no SSN which is more than 2 weeks late. He is requesting I provide him with my information again but I do not trust that he will take care of it.

Asked on June 17, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you trust the employer, if you want to be paid, you need to provide it:

1) The employer needs to have the requisite information for his own obligations, such as to remit withholding (e.g. FICA) to the government, to prove employee eligibility to work in the United States, or for certain benefits (e.g. pension, health insurance) you may get.

2) Also, the employer has the right to set the terms and conditions of work, including saying that employees must provide SSN's and related information in order to be employed.

While its understandable that you are skeptical about your employer's ability to keep this information safe and secure, your only recourse if you don't want to provide it woudl be to look for a different job.


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