What to do if I am owed back pay and had taxes taken out but no W2 form was recieved?

UPDATED: Aug 12, 2012

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What to do if I am owed back pay and had taxes taken out but no W2 form was recieved?

My wife worked for a small sandwich shop for about 4 months when she started they wanted to pay her under the table but we refused. They then requested if they could pay cash we stated yes but taxes would have to be taken out. They then started to pay my wife with cash at a rate of $6.86 which they stated the difference from minimum wage of $7.50 was for taxes. This kept up for some time my wife kept asking for a pay receipt but they keep making excuses for why they could not give one to her. Then the pay stopped all together my wife liked working for the people so she kept working they would pay a little of the back pay each week but it still did not get her caught up. Then last month they suddenly closed shop up with no notice. They now owe her $755 in back pay and we still have no W2 or any record of her working or hours. The only proof we got was a text were they stated that they will pay her what they owe her. It has now been anther 2 weeks since that text and now they won’t answer us at all. What should we do? Call the state employment agency, call the IRS, go to court and if we do what is the chances we will get paid at all?

Asked on August 12, 2012 under Employment Labor Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Given the circumstances that you have written with resoect to the former employer where unpaid wages are owed your wife from the small sandwich shop company, she should go down to the nearest department of labor in your community and speak with one of its representatives to file a formal complaint for overdue and unpaid wages against her former employer. In the alternative, she should consult with an attorney who practices in the area of labor law to assist her in advising what legal recourse she may have.

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