How can I resolve the issue of my former employer not filing a W2 for me and also withholding my last paycheck?

UPDATED: Oct 1, 2022

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How can I resolve the issue of my former employer not filing a W2 for me and also withholding my last paycheck?

From October to January, I was employed with an electrical contractor, after figuring out my boss wasn’t being truthful I quit the job. He said that he sent out a check for the last 43 hours owed the next day, however after 3 weeks and not getting it I asked about it for him to ignore my calls and texts. I have not yet heard from him and assume he is not sending a check, for this job I also filled out a W2 form W4 and I suspect he did not file it. How do I resolve this issue would be appreciated.

Asked on February 6, 2019 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You can sue him for the pay--he is legally obligated to pay for all the work you did and when he doesn't, a lawsuit (e.g. in small claims court, as your own attorney or "pro se") is the way you force him to pay.
2) You can't effectively force him to file the W2 at this point, so speak to a tax preparer about documenting your income and filing your taxes without it. You can do so--the lack of a W2 doesn't mean you can't file or pay taxes--but it would be good to get a tax preparer's or CPA's help to make sure you do everything right.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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