If my employer took taxes out of my check but i never filled out a w2 or got check stubs do they have to send me my w2?

Asked almost 5 years ago - Euless, TX

I worked at a job for 2 months before getting laid off. They never had me fill out a w2 and we are on bad terms because of unemployment. They took takes out of my gross pay but never put any information on a stub. I just received a check. Do they still have to report that to the IRS and do they have to send me a w2 by february? what if they don't?

Attorney answers (2)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . Yes they must send you a W-2 before the end of January. If they do not call them. If they do not respond, then you report to IRS.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  2. Henry Daniel Lively

    Contributor Level 20

    Answered . Your employer is required to give you a form W-2 by the end of January. If they do not, call them and request a copy. Let them know that if they do not comply you will report it to the IRS and Social Security Administration. Then if they do not comply report them. You can also file your return with a substitute W-2 form if you can calculate what was withheld from your check with reasonable accuracy.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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