Asked in Small Claims for Maryland

Q: How can I file a lawsuit against ADP for gross negligence?

For 10 months I've needed my W2/C for 2019. State tax information is wrong. 10 months and ADP keeps saying they're working on it. My employer is also responsible as well.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: The IRS requires employers to file a Form W-2 for each employee by February 1 following each tax year. If an employer fails to send out on time, the IRS may fine the employer $50, plus penalties for improperly filing a W-2, such as providing incorrect information on the form. You may report your employer to the IRS, toll-free at (800) 829-1040.

You can file without your W-2, by completing Form 4852, entitled "Substitute for Form W-2, Wage and Tax Statement." You will need to dig up your old pay stubs and do some calculating, but if you want to get your taxes done, this might be your only option.

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