Worked at The Cheesecake Factory for 2 months, made under $2,500. Quit in December, no W-2 yet. What now??
I started a job at The Cheesecake Factory last October and only stayed for about 2 months before quitting right before Christmas. I'm pretty sure I made less than $2,500 total while I was there (was only working part-time as a server). It's already February and I still haven't gotten my W-2 from them. I'm trying to file my taxes and this is holding everything up! I called the restaurant a couple times but keep getting transferred around and nobody seems to know anything. I've never had this problem before with previous jobs. Do I need to wait longer? Is there something I should be doing to get my W-2? Can I file without it somehow? This is stressing me out because I'm usually done with my taxes by now. Thanks for any advice!
19 comments


Zara Mirza
If you haven't received your W-2 by now, you definitely shouldn't keep waiting. By law, employers must provide W-2s by January 31st, so they're already late. You have a few options: First, try contacting the payroll department directly instead of the restaurant. Large chains like Cheesecake Factory often have centralized payroll systems. Ask for the corporate payroll contact information from your former manager. If that doesn't work, you can contact the IRS directly. They can reach out to the employer on your behalf. Call the IRS at 800-829-1040 with your personal info, employer details, employment dates, and an estimate of your wages and taxes withheld. As a last resort, you can 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. If you have final pay stubs, those will help tremendously with creating accurate estimates.
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Sean Kelly
•Thank you! I didn't know there was a specific date they had to send it by. I think I still have all my pay stubs somewhere, so that's helpful. Do you know how long it typically takes for the IRS to contact an employer? I'd rather not delay filing my return for too long since I'm expecting a refund.
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Zara Mirza
•The IRS typically takes about 2 weeks to contact the employer after you reach out to them. However, you don't necessarily need to wait for this process to complete before filing. If you have your final pay stub, that should contain almost all the information you need for Form 4852. Your last pay stub of the year often shows year-to-date totals for wages, taxes withheld, and other deductions. With that information, you can file accurately without waiting for the official W-2.
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Luca Russo
I had a similar situation last year with a different restaurant chain. After weeks of getting nowhere, I used this AI tool called taxr.ai that helped me figure out exactly what to do. It analyzed my pay stubs and helped me complete the substitute W-2 form correctly. I just uploaded my last pay stub to https://taxr.ai and it extracted all the information I needed to file my taxes without waiting for the W-2 to arrive. It also gave me step-by-step instructions for following up with the IRS about the missing form. Honestly saved me so much stress and time!
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Nia Harris
•How does it work with the numbers though? I'm in a similar situation and worried about getting in trouble if my estimates don't match what the employer reports. Does the tool help prevent discrepancies?
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GalaxyGazer
•I'm skeptical about these kinds of services... did you have any issues with the IRS after filing with the substitute form? Did the restaurant eventually send your W-2 and did the numbers match?
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Luca Russo
•The tool is actually really precise with the numbers. It pulls the year-to-date totals from your final pay stub which are typically the same figures the employer will report to the IRS, so there's minimal risk of discrepancies. It even flags potential issues where the numbers might not add up correctly. No issues with the IRS at all. I did eventually receive my W-2 about a month after filing, and the numbers matched almost exactly with what I submitted. There was like a $2 difference in one of the deduction categories, but that's so minor the IRS doesn't care. The tool definitely made me more confident about filing without waiting.
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GalaxyGazer
Just wanted to update everyone - I was skeptical about taxr.ai but decided to try it after waiting another week with no W-2. It was actually super helpful! I uploaded my last two pay stubs and it pulled all the numbers I needed for the substitute form. The interface walked me through everything step by step, and even provided instructions for reaching out to the IRS. I was able to file my taxes last weekend and already got notification that my return was accepted. Feeling a huge relief now instead of stressing about the missing W-2!
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Mateo Sanchez
If you're still having trouble getting your W-2 after trying the other suggestions, you might want to try Claimyr. I was in a similar situation last year and needed to speak directly with someone at the IRS, but kept hitting those infamous hold times that go on for hours. Claimyr basically handled the waiting on hold part for me. You can check it out at https://claimyr.com - they have a demo video at https://youtu.be/_kiP6q8DX5c showing how it works. They called the IRS for me, waited through the hold time, and then called me once they had an actual human on the line. The IRS agent was super helpful and initiated contact with my former employer right away. Had my W-2 issue resolved within days rather than weeks of frustration.
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Aisha Mahmood
•Wait, so they just call the IRS for you? How does that even work? Doesn't the IRS need to verify your identity and personal information?
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GalaxyGazer
•This sounds too good to be true. The IRS hold times are notoriously awful, but I can't imagine how a third party service could actually get you connected faster. Did you have to pay for this?
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Mateo Sanchez
•They don't speak to the IRS on your behalf - they just handle the hold time. The way it works is they call the IRS, navigate the phone tree, and wait on hold. Once they have an IRS agent on the line, they call you and connect you directly to that agent. You're the one who speaks with the IRS and verifies your identity. The service doesn't get you connected faster than anyone else - you still wait in the same queue as everyone. The difference is YOU don't have to sit there with a phone to your ear for hours. They do the waiting part, and you only get on the phone when there's actually someone to talk to. It's basically like having someone hold your place in line.
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GalaxyGazer
Thought I should follow up about Claimyr since I was skeptical in my earlier comment. I finally broke down and tried it after spending three separate afternoons trying to get through to the IRS myself with no luck. It actually worked exactly as described! I got a call back about 1.5 hours after starting the process, and was connected directly to an IRS representative. Didn't have to listen to a single minute of hold music. The agent helped me file a formal complaint about my missing W-2 and I received it in the mail a week later. For anyone dealing with missing tax documents and hitting walls with their former employer, being able to actually speak with the IRS without the hold time frustration was truly a game-changer.
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Ethan Moore
You might also check if your W-2 is available electronically. Many bigger companies like Cheesecake Factory use payroll services like ADP or Paychex where you can log in and download your tax forms. Did they set you up with any kind of employee portal when you started working there?
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Sean Kelly
•They did have some kind of employee website where I could check my schedule, but I'm not sure if that's the same as what you're talking about? I think I still have the login info somewhere. I'll check if there's a way to access tax documents there. This might be a dumb question, but would they still maintain my access even though I don't work there anymore?
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Ethan Moore
•Usually access to employee portals doesn't immediately disappear when you leave a company. Many maintain your access to payroll systems for a year or more specifically so former employees can access their tax documents. For most major restaurant chains, the scheduling system and the payroll/HR system are different, but there's often links between them. Check if there's a section for "HR," "Benefits" or "Pay" in that portal. Even if they use different systems, your manager or someone at the restaurant should be able to direct you to the right portal for tax documents.
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Yuki Kobayashi
Just a heads up - even if you made under $2,500, you still need to report that income! Some people think there's a minimum threshold where you don't need to report income, but that's not true for W-2 income.
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Carmen Vega
•Actually this isn't completely accurate. You're required to file a tax return if your income exceeds the standard deduction ($12,950 for single filers in 2022). But you're right that ALL income is technically reportable regardless of whether you receive a W-2.
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Royal_GM_Mark
I went through something similar with a restaurant job a couple years back. One thing that really helped was checking if they had deposited any tax withholdings on my behalf. Even though you made under $2,500, if they withheld federal or state taxes from your paychecks, you'll want to make sure you get credit for those withholdings when you file. Look at your pay stubs to see if there were any deductions for federal income tax, Social Security, or Medicare. If there were, you're definitely entitled to get that money back as a refund, but you'll need either the W-2 or to file Form 4852 to claim it. Also, don't forget that as a server, you probably had tip income that should be reported too. The restaurant should include your reported tips on the W-2, but if you consistently under-reported tips during the year, you might need to account for that separately on your return.
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