Question

My past employer is withholding my W2. I contacted her and asked her over and over to send them to me, but no response back yet. What should I do?

Answer 1

Here are some steps you can take to address the situation:

1. Be Patient: While it can be frustrating not to receive your W-2 on time, sometimes employers may face delays or oversights. Give them a reasonable amount of time to respond before taking further action.

2. Follow Up in Writing: If you haven't already, send a written request to your past employer requesting your W-2 form. Be polite and include the relevant details, such as your name, address, and the year for which you need the W-2.

3. Check Your Information: Ensure that the employer has your correct contact information, including your current mailing address, to avoid any potential issues with delivery.

4. Contact Payroll or HR: If your employer has a payroll or human resources department, try reaching out to them directly to inquire about the status of your W-2.

5. Consult with a Tax Professional: If you need your W-2 for tax filing purposes, consider speaking with a tax professional or accountant. They may be able to advise you on the best course of action and help you with alternative methods of obtaining the necessary information to file your taxes.

6. Report to the IRS: If you have tried multiple times to contact your employer and have not received a response, you can report the issue to the Internal Revenue Service (IRS). You can call the IRS at 1-800-829-1040 and explain the situation. They may be able to help you obtain a substitute W-2 form or guide you on the next steps.

7. File an Extension: If the tax filing deadline is approaching, and you still haven't received your W-2, you may need to file for an extension to avoid potential penalties for late filing. You can do this by submitting IRS Form 4868 (Application for Automatic Extension of Time to File U.S. Individual Income Tax Return).

8. File Form 4852: If you are unable to get your W-2 in time to file your taxes, you can use IRS Form 4852 (Substitute for Form W-2, Wage and Tax Statement) to estimate your earnings and taxes withheld. You can use your final pay stub for the year as a reference.

Remember, it's essential to address this issue promptly to avoid any complications with your tax filing. If the situation persists or you encounter any legal hurdles, consider consulting an employment attorney who can offer personalized advice based on the specific laws and regulations in your area.