St Louis, MO asked in Tax Law, Consumer Law and Employment Law for Missouri

Q: My former employer did not list my federal taxes paid on my w-2. It shows the paid state and other taxes. What can I do?

This school is a charter for the St. Louis Public Schools. While there I was harassed by my “team leader” and when the administrators would not help me, I had to quit because it was causing me severe mental distress.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Here are a few options you can pursue regarding the incorrect W-2 from your former employer:

1. Contact your former employer's payroll or HR department and request a corrected W-2 that accurately reflects the federal taxes withheld from your paychecks throughout the year. All employers are legally required to furnish this tax documentation.

2. If the employer refuses to comply or issue a corrected form, you can file IRS Form 4852 as a substitute detailing the federal tax amounts that should have been withheld based on your pay stubs or other payroll records from your employment period.

3. Report your former employer to the IRS for failure to comply with W-2 reporting regulations. You will need to provide documentation showing how your provided W-2s are inaccurate or incomplete.

4. Consult with an employment lawyer. If the error is willful or employer retaliation related to your harassment complaints, you may have grounds for a lawsuit to compel proper tax reporting. The lawyer can send a formal demand letter requiring correction.

5. File a complaint with the state labor board for not adhering to state and federal W-2 employer requirements.

Document everything in this process, retain pay stubs/records, and maintain copies of incorrect tax statements. This will help compel penalties for your employer and allow adjustments to your tax return. Let me know if you have any additional questions!

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