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Have not recieved my W2

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#1 christine1111


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Posted 13 February 2010 - 01:53 PM

As of todays date 2/12/2010 I still have not received my W2's. I went into my place of employment  yesterday and was told they were returned because I failed to give them my new address, the W2's were returned to them and they said they sent them back out on Monday 2/8/2010. I told them I did change my address  when I moved in September of "09" and then  I stated " If I didn't change my address then how did you know where to send my new insurance card, my last paycheck  and the blank disability forms which were all sent to me in the middle of January"? My son also worked at the same facility and lives with me and he received his W2 forms on 2/3/2010. Her response was "Well, I'm not the one who sent them out." Shes the only one in the facility that does payroll and W2's ect. I'm really not sure what to do. I'm going in for surgery on 2/22/2010 and had really hoped to be able to get my taxes done before surgery. But at this rate I just don't see how that is going to happen. My question is, is there anyway I can get a copy of my W2's instead of waiting for them to come on the mail everyday? And what can I do about this person who is obviously holding my W2's hostage?

In another post I had asked told you my disability papers still had not been sent out. And when I called the disability company they didn't have a clue who I was. I asked them how long the employer has to send the paper work in and was told 30 days. I unfortunately forgot to ask what happens if they don't send them in in a timely manner. So my next question is , do you know what will happen if the disability papers aren't sent in in a timely manner?

You had also told me my employer only has to hold my job for 12 weeks. I was informed as long as I have a doctors note they have to hold it for a year. Maybe not my exact position, but when I do return they have to give me my job or something equivalent and at the same pay rate.

#2 Fallen


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Posted 14 February 2010 - 03:52 AM

A little too much extraneous commentary given the topic.

If you're following up on an existing post, you should post as a reply-answer to that post.

You're free to file a complaint with the IRS and your state taxing authority about not receiving W-2s.

You don't need to file your taxes until April 15.  :)  (If you're someone who gives the U.S. government an interest-free loan every year and looks at it as "free money" that you're "saving" without having to save it and count on it by X date every year, sometimes there can be problems with that approach.  Personally, I'd rather have more money each paycheck and not give Uncle Sam an interest-free loan.)

Seems to me if you believe someone is holding the W-2 hostage, you'd discuss with upper management.

I think I would have said about the short-term disability stuff that the law won't get involved with regard to an employer sending paperwork to its third party insurance provider.  It's unclear what paperwork you're talking about, but is there a reason why you aren't asking the "disability company" what you need to do to address the claim?  Again, I'd talk with someone in upper management.  You don't just sit back and think something will magically happen to the employer.

"I was informed as long as I have a doctors note they have to hold it for a year."

I have no idea who told you this or what basis they'd have for saying so, but this wouldn't be a matter of law.  If you have a union job and there's some union contract provision to this effect, fine (though employers have been known to violate union contracts from time to time, and the union may or may not give a damn about pursuing your interests).  If there's no union contract, thre's no "have to" about it. 

Maybe someone's confused about the fact that FMLA leave provides 12 weeks' worth of job protection from being fired due to a serious health condition over a 12-month/one-year period?

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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