Not getting W-2 Forms from the prev.emlpoyer

S

soham13

Registered Users (C)
Hi ,

My Employer did not pay me salary for 3 months in the last year(2002) even though I was working for a client for 6 months. Then,I have to transfer my H1 to some other company.

Now I have not received the W2 forms for last year from the employer who did not pay the salary. What should I do do get the W2s ? I have been following up but with the reply that it has been already sent . Is there any legal course of action I can take ?

Pl. Advice.

Thanks,

Soham13
 
Ask the W2 processing company to send it

Getting a W2 is not employer dependent..if you dont get one..you can ask the payroll processing company that sends out the W2 to send it to you. Or you can ask your previous employer to send it otherwise complain to the IRS...that will make them sit up and take notice.
 
Employers are supposed to send the W-2 by Jan 17th. If not you can sue them. Complain to IRS, dept of state from your state, dept of labor ASAP. cc your former employer..
 
Jaxen,

Thank you very much for your reply.

How can I complain to the IRS for getting the W2s ? Do I need to go thru a lawyer for this or I can do it on my own ?

I also want to sue the same employer for not paying my Salary for 3 months . Is there any help I can get from Department of Labor ?

I have almost around $12000 due from the employer. I have the paystubs(for less paid salary) and timesheets with the total regular and overtime hours I worked for the client. Can I use this as a proof to get the dues back ?

Thank you again for your help.

Regards,

Soham13
 
Ask your old employer to resend W2

Since your old employer is saying that he has already sent W2
ask him to send a duplicate/resend.
I don't think it will be good for you at this point to complain to IRS
because your old employer is not refusing to send W2,but he
is saying that it was already mailed.Tell him that you didn't get
it and it is probably lost in mail.This time ask him to send it with
some tracking option(certified mail or fedex etc).
If he is still refusing to send it then complain to IRS.

For your wages not being paid IRS won't be able to help you. You
have to go to Labor department and you will get all your money
back if you can prove that he didn't pay you and he will end up
paying fine too.There were some threads on this website where
people got the money after complaining to labor dept.

Jaxen.
Please correct if I am wrong.

Good Luck
Sept13
 
Hi Sept13,

Thank you for your reply.

I will still follow up with the prev. employer to get the W2.
But do I need to have the originals for filing tax returns or
a fax copy will do ?

Also, where can I get the detailed info about the procedure
to approach Dept. of Labor for the unpaid salary? Same
employer has not paid dues of other 4 employees ( as far as I know ).
He is just taking advantage of people being on H1.

I don't have a contract (mentioning the salary) with the employer
but have the signed timesheets from client and paystubs ( for
regular salary and the less paid salary) ? Can I use this as a
proof ?

Thanks again for your help

Regards,

Soham13
 
Sorry soham13

I don't know how to approach the labor dept and what is
required to prove that you are not paid properly.
I don't know if salary will be mentioned on LCA that was approved
for H1. If so, using that you might be able to prove that you
are paid less salary.

Regarding fax copy for tax filings I don't know if it is valid or not.
There has to be a way to resend the lost W2.I remember for
1099s there will be a checkbox on the top which says 'Duplicate
issued if checked'.Try calling H&R Block and ask them the same
question.

I talked another person at my work and he said that you fax a
letter to your employer (or mail a letter) stating that you didn't
receive the W2 that employer is supposed to send you by
31-jan-03 and ask him to issue a duplicate.If he is still not
sending you then you can call IRS and file a complaint. That will
be very bad for the employer.Don't waste time on phone. Just
keep proof that you are asking your employer for W2 to show to
IRS. If you send a mail send it using certified mail with written
receipt.
I think even email copy will be good. Just send him an email and
cc your self and save the email with you.

Good Luck
Sept13
 
You must log in or register to reply here.
Top