Can someone sue their employer if they don't receive their W2?

Question

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Answer 1

No, you cannot sue your employer if they fail to provide you a W-2 by January 31. However, you do have the option of reporting your employer to the Internal Revenue Service, which will most likely investigate why your employer has not issued you a W-2. Additionally, if you do not receive your W-2 by March 1, you have the option of applying for a tax refund filing extension through the IRS. This postpones the due date of your tax refund forms until September 1 of the year.

A good rule of thumb is to contact your employer's Human Resources department if you have not received your W-2 by January 31. Your employer is required by federal law to mail them out no later than that date. If you still haven't received your W-2 by the end of February, you should request another copy from your employer.

Answer 2

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Answer 3

It is against the law for an employer not to give you a W2, but not sure if you can win a lawsuit. If you contact the IRS or a local Employment office they'd know the procedure to get your W2. You'd be amazed how fast those things turn up once a government agency calls. But note, they have several months before they are required to send it to you. I think the end of Feb is the deadline. Before that time you just got to wait before anyone will help you out.

Answer 4

Well I have to dis agree with other poster. (In a way) 1 ) They owe you any money for hours worked even if you quit. Thats a given 2) They dont have to mail it to you, BUT, if you go down to pick it up they DO have to give it to you. The only thing they can ask you to sign is something saying you picked the check up. They cant make you sign anything else in order to get your check. Some companys will give you a bonus or severance pay IF you sign something saying you wont sue them. But thats another story. If they try to make you sign something else, walk out and tell them your lawyer will be contacting them on grounds of abuse. But understand, they know you probably wont. 3) You can sue them, but how much is your check, how much is a lawyer. Goto local court and you can file without a lawyer for $ under 1000.00 or so (Small claim courts) for about 25 $ 4) by law, they must send you your W2, if their late call IRS and they will not only take care of it, but could fine them.

Answer 5

No. If your employer fails to get your W2 to you (they're not due until Jan 31, by the way, so wait at least until the 2nd week of Feb for the mail) you have to contact the IRS. The IRS will investigate the situation and see to it that you get your W2.

Answer 6

An employer has to 1 / 31 to mail out your W2. If they fail to do so, the only thing you can do is to report them to the IRS.

Answer 7

You can file lawsuit, but by the time you even get your paperwork together, you'll probably have your W-2.

A financial emergency on your part is not a reason for the employer to do something that disrupts his business and is not required until a later date.

Besides, do you really want to p...o.. your employer over a trivial matter?

Answer 8

If you don't get it by the end of January, inquire for a copy. Maybe it got lost in the mail. I don't see, why a company wouldn't want to give you your W2 form. Also, you can use your pay stub for yea rending 2006 to your taxes. There should be all the year to date information on it.

Answer 9

I would not say they could sue but it is against the law if you do not receive it by a certain date. Federal law gives the company a time limit to get them to you. If you do not receive it by then then file a complaint with the IRS. Im wanting to say it is by Feb. 1 but I am not sure.

Answer 10

Your employer has until January 31 to get it to you. After that contact the IRS and they will take care of it from there and it will be a lot cheaper than paying an attorney.