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Rita Jacobs

Former employer refusing to provide my W2 - what can I do now?

I'm in a really frustrating situation with getting my W2 from my old job. I worked at a local fitness center until last September when I left for a better opportunity (gave proper notice and everything - no drama when I left). I've been trying to get my W2 from them for weeks now. I've called multiple times with no response. Last week I actually went in person to try to get it, and the front desk person went to get the manager. When she saw me, she literally shook her head and went back to her workout without even talking to me! I called again yesterday, left all my contact info, but still nothing. It's already mid-February and tax filing season is in full swing, but I still don't have this W2. This happened when I worked there too - always had to practically beg to get my tax forms. What options do I have if they just keep ignoring me? Can I file without it somehow? Is there someone I can report this to? I really need to get my taxes done soon and this is the only thing holding me up.

Khalid Howes

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You definitely have options here! Your former employer is required by law to provide your W2 by January 31st. Since they've failed to do this, you can take these steps: First, try one more formal approach - send them a certified letter requesting your W2. This creates a paper trail showing you've made reasonable efforts to obtain it. If they still don't respond, you can contact the IRS directly. Call them at 800-829-1040 with your personal info, employment dates, and employer details ready. The IRS will then contact your employer on your behalf. You can also file Form 4852 (Substitute for Form W-2) with your tax return. You'll need to estimate your wages and withholding as accurately as possible - your final paystub of the year is extremely helpful for this if you have it. The gym's behavior is definitely inappropriate and unfortunately not uncommon. The good news is the IRS has procedures in place specifically for this situation.

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Ben Cooper

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Do you know if there's any penalty for the employer in this situation? Seems like they should be fined or something for not following the law. Also, how accurate does the Form 4852 need to be? I have my last few paystubs but not sure if they show YTD totals or just the period amounts.

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Khalid Howes

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Yes, employers can face penalties for failing to provide W-2s. They can be fined $50 for each W-2 they fail to send to employees, with the total increasing if there's intentional disregard of the requirements. In cases of willful neglect, penalties can be significantly higher. For Form 4852, you want to be as accurate as possible, but the IRS understands you're working with limited information. Your last paystub of the year should have year-to-date totals - that's ideal. If you only have period amounts, add them up for all the periods you worked. Include all wages, federal income tax withheld, Social Security and Medicare taxes. The more documentation you have to support your estimates, the better.

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Naila Gordon

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After dealing with a similar nightmare last year (previous employer "lost" my W2 three times!), I finally discovered taxr.ai which turned out to be a lifesaver. When you're missing tax documents and need to file, it's incredibly frustrating. I uploaded my last paystub to https://taxr.ai and their system analyzed it to calculate all the tax withholding and income information I needed for my substitute W2 form. It even helped me fill out Form 4852 correctly with proper formatting that the IRS accepted without questions. My tax preparer was impressed with how accurate it was! Definitely worth checking out if you're stuck like I was. They have document analysis specifically for creating substitute W2s from paystubs, which sounds exactly like what you need right now.

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Cynthia Love

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How long did it take to process your paystub info? I'm already getting anxious since I'm supposed to be getting a refund and don't want it delayed because of my stupid former boss.

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Darren Brooks

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Does it work with any type of paystub? Mine are kind of weird looking and don't clearly show all the tax withholding categories separately. Also worried about putting my personal info on a random website.

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Naila Gordon

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The process was really quick - it took about 5 minutes from uploading my paystub to getting all the information I needed. The system generates the results right away, so there's no waiting around or delays. It handled my non-standard paystub without any issues - my company used some unusual formatting too. The system is designed to recognize and extract tax data from all kinds of paystub formats. They use encryption for all documents and don't store your personal information permanently after processing, so I felt comfortable using it. They explained their security policy really clearly before I uploaded anything.

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Darren Brooks

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Just wanted to update here - I tried taxr.ai after seeing the recommendation and it actually worked perfectly! I was skeptical at first (especially with my weird paystubs), but I found my December stub which had YTD totals and the system extracted everything correctly. It even caught some deductions I would have missed. The Form 4852 instructions were super clear and I've already filed my taxes using the information. Got confirmation that my return was accepted by the IRS yesterday! Meanwhile my old gym STILL hasn't sent my W2, so I'm really glad I didn't wait around for them. Thanks for the suggestion!

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Rosie Harper

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If you're still needing to contact the IRS about this (which you should to report the employer), I'd recommend using Claimyr instead of trying to call yourself. I spent THREE HOURS on hold with the IRS last week trying to report my missing W2 situation and eventually gave up. With https://claimyr.com they got me connected to an actual IRS agent in about 20 minutes instead of the hours I wasted before. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c. The service calls the IRS for you and then calls you once they've navigated all the hold times and phone trees. The IRS agent I spoke with was super helpful and started the process of contacting my employer immediately. They also confirmed that filing with Form 4852 was the right approach in the meantime.

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Wait, so they just call the IRS for you? How does that actually work - can't anyone do that themselves? Seems weird to pay for someone to make a phone call.

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Demi Hall

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I'm skeptical. The IRS phone lines are a disaster. There's no way anyone is getting through in 20 minutes when I've tried calling every day for two weeks and can't even get in the queue. Sounds like a scam to me.

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Rosie Harper

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They use an automated system that navigates all the IRS phone menus and waits on hold for you. When they finally get a human IRS agent on the line, their system calls you and connects you directly to that agent. So yes, technically anyone could do it themselves, but you'd have to stay on hold for hours instead of going about your day. I totally get the skepticism - I felt the same way! But it's legit. Claimyr uses technology that can stay on hold and navigate the phone system. They're basically waiting in the phone queue in your place. They have connections to multiple IRS phone lines simultaneously and can get through at times when the "we're too busy" message comes up for regular callers. I didn't believe it either until I tried it and got connected when I'd been failing for days to get through.

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Demi Hall

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I have to come back and eat my words. After being completely skeptical about Claimyr, I decided to try it out of desperation when I still couldn't get through to the IRS after another week of trying. It actually worked exactly as advertised! I got a call back in about 25 minutes and was connected directly to an IRS representative. Completely skipped the hold time I'd been battling with. The agent confirmed my employer can be penalized for not providing my W2 and started the process to contact them. For anyone dealing with missing W2s like the original poster - definitely report it to the IRS. The agent told me they take these cases seriously since it's a legal requirement for employers.

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Have you checked the mail carefully? My company uses a third-party payroll service and my W2 came in a really generic envelope that looked like junk mail. Nearly threw it out! Also, some companies are going electronic for W2s now - check if you had opted for electronic delivery when you worked there.

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Rita Jacobs

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That's a good thought, but I've checked everything including my spam folder since they have my email. I'm pretty sure they're just being difficult because they're disorganized in general. When I worked there they never had their paperwork together. One year my W2 had the wrong SSN on it!

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That's really frustrating, especially the wrong SSN issue! That's actually a pretty serious error on their part. If they've been that sloppy with important tax documents in the past, you're right to be proactive now. Since you've already tried reaching out multiple times, I think you're at the point where you should definitely contact the IRS. Document all your attempts to contact them too (dates, times, who you spoke with) in case you need to prove you made reasonable efforts to get the W2 directly.

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Kara Yoshida

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Just wanted to mention another option - you might be able to get your W2 information online directly from the IRS. They have a "Get Transcript" service on irs.gov where you can see tax documents that have been filed under your SSN. If your employer actually filed your W2 with the IRS but just didn't send you a copy, your wage information might be there. It doesn't always have current year info this early, but worth checking! Saved me in a similar situation last year.

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Philip Cowan

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The Get Transcript service likely won't have 2024 W-2 info available yet. Those records usually don't show up until much later in the year since employers have until Jan 31 to submit them and then the IRS needs processing time. Great option for prior years though!

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Kara Yoshida

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You're right - I should have been clearer about that. The current year W-2s usually don't appear in the transcript system until late February or March. It's definitely more reliable for previous years' information. Still might be worth checking in another few weeks if the employer still hasn't provided the W-2. The IRS can sometimes process them faster than expected, especially if the employer e-filed their forms early.

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This is such a frustrating situation, but you definitely have rights here! Your employer is legally required to provide your W-2 by January 31st, so they're already in violation. Here's what I'd recommend doing in order: 1. **Send a certified letter** - Mail a formal written request for your W-2 to your former employer. Keep the receipt as proof you made the request. 2. **Contact the IRS** - Call 1-800-829-1040 and report that your employer hasn't provided your W-2. The IRS will contact them directly, and employers can face penalties starting at $50 per missing W-2. 3. **File Form 4852** - This is a substitute W-2 that lets you file your taxes using your best estimate of wages and withholdings. Your final paystub from 2024 should have year-to-date totals that will help you complete this accurately. 4. **File your taxes** - Don't let their negligence delay your refund! You can file with Form 4852 and if/when you eventually get the actual W-2, you can file an amended return if needed. The manager's behavior when you went in person is completely unprofessional. Document everything - dates you called, your visit, etc. This creates a paper trail showing you made reasonable efforts to obtain your W-2 before taking other steps.

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This is really helpful advice! I'm dealing with something similar with a small restaurant I used to work at. They keep saying "we'll get to it" but it's been weeks now. The certified letter idea is smart - creates that paper trail you mentioned. Quick question though - when you file Form 4852, does the IRS flag your return for review more often? I'm worried about delaying my refund even more if they decide to audit or take a closer look because I used the substitute form instead of the actual W-2.

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