What canI do if my employer lost my W2 with all my personal information, including my SSN?

UPDATED: Jun 17, 2011

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What canI do if my employer lost my W2 with all my personal information, including my SSN?

My employer lost my W2 form a month ago. I received a paycheck with no SSN which is more than 2 weeks late. He is requesting I provide him with my information again but I do not trust that he will take care of it.

Asked on June 17, 2011 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you trust the employer, if you want to be paid, you need to provide it:

1) The employer needs to have the requisite information for his own obligations, such as to remit withholding (e.g. FICA) to the government, to prove employee eligibility to work in the United States, or for certain benefits (e.g. pension, health insurance) you may get.

2) Also, the employer has the right to set the terms and conditions of work, including saying that employees must provide SSN's and related information in order to be employed.

While its understandable that you are skeptical about your employer's ability to keep this information safe and secure, your only recourse if you don't want to provide it woudl be to look for a different job.

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 AttorneyPages.com 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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