Your employer has until January 31st to issue W2s. If on February 1st, you have not received yours, follow these directions from the IRS:
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The deadline for sending out W2s is January 31st.
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The short answer is no. Given the circumstances you should contact the IRS to discuss the matter with them; if the IRS accepts that wages were paid and taxes were withheld, then you should get credit for those amounts, even if your ex-employer failed to actually pay the withheld amounts to the IRS.
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No, you can't sue the former employer for not sending you a W2, especially considering your employer has until January 31st. You may be able to sue them if they really didn't send your withholding to the IRS, but if that's the case, your first call has to be to the IRS because they'll probably rain hellfire on your former employer for you.