What legal actions canI take against my employer if he has not given me my W2?

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What legal actions canI take against my employer if he has not given me my W2?

I have been asking for my W2 for awhile now and my employer keeps giving me excuses. Now tax season is over and I am being told I will/might get penalized for it.

Asked on April 19, 2011 under Employment Labor Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the thing: not receiving a W-2 does not absolve you from filing your taxes.  And I wish that you would have written BEFORE April 18th but you are not so far off from the filing date so here is what you need to do.  First, do you have your last paycheck?  It should show all the deductions, etc., that your employer took year to date.  You can use that to file.  If you do not then make your best "guesstimate" as to your wages earned and let the accountant figure out the rest.  He or she can file a for 4852 which is a substitute for a W-2.  Next, call the IRS (there is an 800 number that ends with "1040" - a little tax humor as it were) and have them hound your employer.  If you have your employer's tax ID that would help but I am pretty sure that they can find it.  Now get moving and good luck.


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