Can my employer legally refuse to give me my W-2 after being fired?

Former employers are legally required to provide your W-2 by January 31st of the following year, regardless of how your employment ended. They cannot legally refuse to give it to you. If you're concerned, I'd recommend first making sure your former employer has your current mailing address. Sometimes W-2s don't arrive simply because of address issues. You might want to send them an email now confirming your current address for W-2 purposes. If January 31st passes and you haven't received your W-2, contact your former employer directly. If they don't respond or refuse to provide it, you can contact the IRS for help. Call 800-829-1040, and the IRS will contact the employer on your behalf. You'll need to provide your personal info, employer details, employment dates, and an estimate of wages and taxes withheld (check your final pay stub for this).

I went through something similar last year and discovered taxr.ai which literally saved my tax filing. I was stressed because my former boss was being difficult about sending my W-2 (we had a bad falling out), and it was already mid-February with nothing in sight. A friend suggested I check out https://taxr.ai and it was a game-changer. I uploaded my final pay stub and they helped me create a substitute W-2 that I could use for filing. Their system analyzed my payment history and automatically calculated all the withholding amounts. Saved me from having to go through the whole IRS process.

Just wanted to update that I actually tried taxr.ai after seeing it mentioned here! My situation wasn't exactly like yours - I had a W-2 but it had some errors that my former employer refused to fix. The tool was super helpful in documenting everything properly. I uploaded my incorrect W-2 and my pay stubs, and it compared everything and highlighted the discrepancies. The guided process for filing Form 4852 was really straightforward. Already got my refund, so the IRS clearly accepted it! Definitely worth checking out if you end up having W-2 issues.

If you're having trouble getting through to your employer about your W-2, I'd recommend using Claimyr to get actual help from the IRS. I tried calling the IRS directly about a missing W-2 last year and spent HOURS on hold, only to get disconnected twice. Then I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c - they basically hold your place in the IRS phone queue and call you back when an agent is about to answer. I was skeptical, but it worked perfectly! The IRS agent I spoke with was super helpful and initiated contact with my employer right away. Had my W-2 within a week after that.

I need to eat my words from my previous comment. After tax season started getting closer, I got desperate about my own W-2 situation and tried Claimyr. I was 100% sure it wouldn't work, but figured I had nothing to lose at that point. Shockingly, I got a call back in about 50 minutes, and was connected to an actual IRS person! The agent took all my info about my missing W-2, and told me exactly what to do. They also sent an official notice to my ex-employer. Got my W-2 in the mail three days later with an apologetic note from HR. I'm still surprised it worked, but definitely grateful.

Don't wait until the last minute on this! I went through this exact nightmare scenario last year. My employer was going through a merger and "forgot" to send W-2s to people who had left. By the time I realized I wasn't getting one, it was already mid-February and I was panicking. Document EVERYTHING. Send emails requesting your W-2 so you have a paper trail showing you tried to get it. That helped me a ton when I had to involve the IRS.

Has anyone used TurboTax or H&R Block to file without a W-2? Do they have a process for this? I'm in the same boat and wondering if the tax software can help.

I'd also suggest keeping detailed records of all your attempts to get your W-2. Screenshot any emails you send to your former employer requesting it, and keep copies of their responses (or lack thereof). This documentation becomes really important if you need to file Form 4852 or contact the IRS for help. One thing I learned the hard way - don't assume your employer will automatically send your W-2 to a new address. Even if you updated your address with HR before leaving, definitely send them a written request (email is fine) with your current mailing address specifically for tax documents. I've seen too many people miss their W-2s simply because of address mix-ups. Also, check if your employer uses a third-party payroll service like ADP or Paychex. Sometimes you can access your W-2 through their online portals even after termination. Worth looking into before going through the IRS process.

Just to add another perspective - if you're dealing with a particularly difficult former employer, you might want to consider reaching out to your state's Department of Labor as well. While the W-2 issue is primarily an IRS matter, some states have additional protections for workers regarding final pay and documentation. They can sometimes put pressure on employers who are being uncooperative. Also, don't forget that you can estimate your taxes and file even without the W-2 if you have your final pay stub. You'd use Form 4852 (Substitute for Form W-2) which asks for the same information. The key is to be as accurate as possible with your wage and withholding amounts. Keep your final pay stub safe - it's going to be your best friend if your employer tries to play games with your W-2. One last tip: if you do end up having to contact the IRS, try calling early in the morning (around 7-8 AM) when the phone lines open. You'll have much better luck getting through than if you call during peak hours.