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Old 03-01-2011, 01:56 PM   #1
lyncecelia
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Still no W2?

I know these were suppose to be mailed out January 31st. When I didn't get one by mid-February, I called corporate (since I don't work there anymore). They emailed the franchise owner, who then called me (in a rather rude manner) telling me to come pick it up...I didn't call him first because I just assumed corporate sent them out.

Thing is, I don't have a car currently, my DBF takes it during the week now, and the owner is never there during the weekend. I want to file taxes, but I simply can't get ahold of my W2!

Are they required by law to mail it, or are they allowed to make me pick it up? I'm at a loss, and just want to file already...
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Old 03-01-2011, 02:30 PM   #2
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Can you ask him to mail it to you, I mean if he's worried about the cost mail him a self addressed stamped envelope, it'll only cost you two stamps.
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Old 03-01-2011, 02:40 PM   #3
Cheshire Figment
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1. They are required, by Federal law, to distribute them. They cannot require you to pick it up. They have to mail it. Or, they can make a .pdf and e-mail it to you.

2. If you cannot get it directly, and you have your last detailed pay stub for the year, go to http://www.irs.gov/pub/irs-pdf/f4852.pdf and fill in and submit the "Substitute W-2" with your tax return.
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Old 03-01-2011, 02:50 PM   #4
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Cheshire Figment, the form you linked to states the taxpayer should try to get their form from the employer. It does not say the employer must mail the form.

On the 2011 W-2 form, it uses the word "furnish" but again does not state how the form must be sent.

I agree that the OP should request it be mailed but I am unsure what force of law requires it.
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Old 03-01-2011, 02:57 PM   #5
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The best way to get the correct answer is to call the 800 IRS number. I was always under the assumption the employer has to get it to you, but these day with electronic this and that. Just call the IRS and find out what your rights are and go from there. Back in the day, they would have been violating your rights and could have been penalized.
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Old 03-01-2011, 03:09 PM   #6
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I just called the 800 IRS number and my employer. He was giving me the "we aren't even required to give you one" spiel...but now says he is going to mail it . Is he really not required to give me one?
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Old 03-01-2011, 03:59 PM   #7
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Did he use a Payroll company like ADP? If so, maybe they can furnish it to you.
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Old 03-01-2011, 04:04 PM   #8
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If you were an employee, no matter how much you made, the employer is required to provide you with a W-2.

A payroll company will not provide you with a W-2. You will be referred back to your former employer.
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Old 03-01-2011, 04:15 PM   #9
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It is law that he has to give you one and he has to mail it to you! He can not require you to come pick it up. If you no longer work there he was supposed to mail it to the last address he had on file postmarked BY January 31st. What a jerk I would be glad I didn't work for him anymore.
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Old 03-01-2011, 04:29 PM   #10
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Yeah....I figured he had to also. But apparently he felt there wasn't a "need" to?

He says he's mailing it now, I'm just annoyed....I have to file taxes soon, and I don't want to get in trouble because he didn't do his job correctly...

He was also trying to guilt me saying it costs him $10 to do so....I doubt that's true, but still...he kept insisting me to pick up, and even said he didn't have to be the one to give it to me! Does that mean my ex-coworkers have access to my tax documents?!
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Old 03-01-2011, 04:30 PM   #11
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Quote:
Originally Posted by My3kiddos View Post
It is law that he has to give you one and he has to mail it to you! He can not require you to come pick it up. If you no longer work there he was supposed to mail it to the last address he had on file postmarked BY January 31st. What a jerk I would be glad I didn't work for him anymore.
Where does it say that it must be mailed? As I previously stated, it does not say that on the W-2 form. Also many companies hand W-2s to their employees. Are they breaking the law because the W-2s are not mailed?
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Old 03-01-2011, 06:17 PM   #12
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Quote:
Originally Posted by lyncecelia View Post
He says he's mailing it now, I'm just annoyed....I have to file taxes soon, and I don't want to get in trouble because he didn't do his job correctly...
Sorry he is being such a jerk.

Don't worry about the time factor. You have lots of time until they are due - April 15th is the official deadline. You have a month and a half.

If you want it right now and you don't think he is going to mail it I would just have DBF find a different ride to work (maybe you can drop him off and pick him up for 1 day) and go pick it up yourself. I know you shouldn't have to but it might just save you a lot of headache.
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Old 03-01-2011, 07:26 PM   #13
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Quote:
Originally Posted by Arielle22 View Post
Where does it say that it must be mailed? As I previously stated, it does not say that on the W-2 form. Also many companies hand W-2s to their employees. Are they breaking the law because the W-2s are not mailed?
I'm assuming that if the company doesn't give it to them in person by Jan 31 (or mailed before then) that by law it should be mailed on that date.
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Old 03-01-2011, 07:45 PM   #14
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Quote:
Originally Posted by Arielle22 View Post
If you were an employee, no matter how much you made, the employer is required to provide you with a W-2.

A payroll company will not provide you with a W-2. You will be referred back to your former employer.
I use ADP to process my payroll and they provide the W2 to employees directly.
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Old 03-01-2011, 09:28 PM   #15
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They are in no way shape or form REQUIRED to mail W-2's.
They are however required to distribute them OR have them available to you by January 31st.

Since you are no longer employed with the company, they should have been mailed to you or made available to you electronically by January 31st.

If your W-2 has been sitting there for over a month someone should have called you, or taken the 2 minutes it would have taken to drop it in the mail to you as soon as it arrived.

But to sum it up - they have to make it available to you by January 31st. AND in a way, it was - but they didn't inform you. So that's where they fell short.
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