Can you file a lawsuit for not releasing your w-2's?

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russharv63

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My wife has not gotten her w-2's from her former employer because he refuses to release them. We have tried every way to get them. Can you file a lawsuit if he refuses.
 
My wife has not gotten her w-2's from her former employer because he refuses to release them. We have tried every way to get them. Can you file a lawsuit if he refuses.

Has your wife contacted the IRS?
 
The correct way to resolve the issue is to not to file a lawsuit, but report the non-release of the W-2s to the IRS.
 
Agree -call the IRS at 1-800-829 1040
Have your wife ready to give them:
Her name, address and Social Security number.
Her employer's name, address, city, state, zip code and telephone number.
Dates of employment.
An estimate of the wages she earned and the federal income tax withheld. Her estimate should be based on her final pay stub of the year or earnings statement, if available.
The IRS will call the employer and advise them to send her the W-2s.
 
We live in Virginia and have already gone to see our local irs office. They said their was nothing much they could do for us.
 
We live in Virginia and have already gone to see our local irs office. They said their was nothing much they could do for us.

Part of what the IRS does is make sure businesses remit the proper paperwork to the employee. Try again.

Employers/payers have until January 31 to issue certain informational documents. If you do not receive your Form W-2 or Form 1099-R by January 31, or your information is incorrect on these forms, contact your employer/payer.

If you do not receive the missing or corrected form by February 14 from your employer/payer, you may call the IRS at 800-829-1040 for assistance. When you call, please have the following information available: your name, address (including ZIP code), phone number, and social security number. You will also need to provide your employer/payer's name, address (including ZIP code), and phone number, employer identification number (if known), an estimate of the wages you earned, the federal income tax withheld, and your dates of employment. After February 14, the IRS will contact the employer/payer for you and request the missing form. The IRS will also send you a Form 4852 (PDF), Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., along with a letter containing instructions.

If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852 to complete your return. If you receive the missing or corrected Form W-2 or Form 1099-R after you file your return and a correction is needed, use Form 1040X (PDF), Amended U.S. Individual Income Tax Return. For additional information on filing an amended return, refer to Topic 308. Both of these documents are available on the IRS website, www.irs.gov.
http://www.irs.gov/taxtopics/tc154.html
 
We live in Virginia and have already gone to see our local irs office. They said their was nothing much they could do for us.

I'm sure that is what you were told.
Even if the IRS wanted to get TOUGH, it'd take weeks before you got what you need, a right, proper W2.

Most employers give Forms W-2 to their workers by Jan. 31. If you haven't received yours by mid-February, here's what you should do:

Contact your employer. You should first ask your employer to give you a copy of your W-2. You'll also need this form from any former employer you worked for during the year. If employers send the form to you, be sure they have your correct address.

Contact the IRS. If you exhaust your options with your employer and you have not received your W-2, call the IRS at 800-829-1040. You'll need the following when you call:
Your name, address, Social Security number and phone number;
Your employer's name, address and phone number;
The dates you worked for the employer; and
An estimate of the amount of wages you were paid and federal income tax withheld in 2013. If possible, you can use your final pay stub to figure these amounts.

File on time. Your tax return is due by April 15, 2014. If you don't get your W-2 in time to file, use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Estimate your wages and withheld taxes as accurately as you can. The IRS may delay processing your return while it verifies your information.

If you need more time, you can apply for a six-month extension to file your federal tax return. The easiest way to apply is to visit IRS.gov and use IRS Free File to e-file the extension. You can also mail Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return. Make sure you file your request by midnight on April 15.

You may need to correct your tax return if you get your missing W-2 after you file. If the tax information on the W-2 is different from what you originally reported, you may need to file an amended tax return. Use Form 1040X, Amended U.S. Individual Income Tax Return to make the change.

Find all the forms and instructions you need on IRS.gov or by calling 800-TAX-FORM (800-829-3676).

http://www.irs.gov/uac/Newsroom/Form-W2-Missing-IRS-Can-Help



As you can see, OP, the IRS doesn't care either.

Uncle Sammy wants one thing, your money!

He even instructs you, that you MUST file by 15 April 2014, no matter what.

Even IF you don't have that W2, Uncle Sammy says, take a guess!

Relax, no one cares anymore, OP.

They only want to use and abuse us all.



 
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Going physically to the local IRS office is not the way to resolve it.

Calling the specific department of the IRS that is charged with resolving these issues (phone number provided above) is.
 
Agree --
You need to follow the procedure set up by the IRS which is calling the # above to start. They will help you.
 
Not to mention the fact that you've got only slightly over a month to file your taxes and it would take longer than that to file a lawsuit.
 
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