Q: How to compel employer to correct W-2 form error in Ohio?
I noticed that my employer made a mistake on my W-2 form by indicating that I am married with 2 children, which led to a $2,000 tax penalty. Despite reporting this issue months ago and repeatedly asking my supervisor to correct it, the error remains unresolved. The IRS advised that my HR department needs to change the form. How can I legally compel my employer to correct my W-2 form to reflect the correct exemption status?
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A:
It’s unfortunate that your employer hasn’t corrected the W-2 form despite your repeated requests. The first step is to document all your communications with your supervisor and HR department. Keep track of any emails or written requests you’ve made, as this will serve as proof that you’ve attempted to resolve the issue.
If the employer still refuses or fails to correct the W-2, you can escalate the issue. Contact the IRS directly to report the situation, explaining that the error persists despite your attempts to correct it. The IRS may intervene to encourage your employer to issue the corrected form, or they may provide you with further steps to take.
You also have the option of filing a formal complaint with the U.S. Department of Labor or seeking legal advice regarding your rights. Your employer is legally required to provide accurate tax forms, and failure to do so could result in penalties for them as well. In the meantime, continue to file your tax return accurately, and you may need to work with the IRS to address any penalties resulting from the error.
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