Can an employer withhold an employee's W-2, if that employee owes money to the employer?

Asked almost 5 years ago - San Antonio, TX

An employee owes the business money, and refuses to repay. i am trying to find out if they can legally withhold the w-2 until issue settled and what can the employee do to get the w-2.

Attorney answers (1)

  1. Michael D Fox

    Contributor Level 12

    Answered . The first answer is NO. The issuance of the W-2 form is mandated by Federal Law. The second answer is that you should call your local IRS office and ask for guidance.

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