Can an employer get away with keeping an employee’s year-end tax statement as payback for financial mistake that employee made?

Question

Let’s say an employee made a mistake on the job, which caused the employer to pay out of their pocket.  The following year, the employee never received his tax statement. Did the employer keep it as payback, therefore filing employee’s taxes on their own and stealing his refunds? Or did they simply keep the tax statement (but can’t get  access to his refund) just to get back at him for costing them money?

Answer 1

did they  make a mistake , troll else where will you .

Answer 2

They are required by law to give it to you or mail it to you by the end of January. Any employer who would violate this law for petty revenge on a former employer isn't going to be in business very long.

No, they are not going to steal your tax refund by filing a fraudulent return in your name.

Answer 3

By law they have to give it to you by the last day of January.  You can file a grievance with your state's Dept. Of Workforce Development against them if they do not provide it.

Answer 4

Federal laws prohibit withholding any tax statements such as W2 forms from previous or former employees. If you haven't received it by 31 January, you need to contact them. They can't file your tax return for you--and they can't do anything like this for 'revenge.' Not if they want to stay in business. 

Answer 5

The employer is obligated by law to issue the W2, and it is not worth the trouble with the IRS for them to withhold it.

Answer 6

The employer is legally obligated to send the employee a W-2 statement and cannot file for the refund on behalf of the employee. I'd request a copy from the employer.

Answer 7

The employer is obligated to provide the employee a W-2.  Period. End of story.

Answer 8

or maybe it got lost in th mail.  Ask for a duplicate.  No they did NOT file your taxes and steal your refund.

Answer 9

No.  Employers do not have to provide it this early in the year, but they must provide it by the end of January.  Also, it will not prevent the employee from getting the refund.

The employee should ask for the tax statement.

If the employer has not provided it by February 15, even though the employee asked for it, then the employee should call the IRS and tell them.  This phone call must not be made until (1) it is after February 15, and (2) the employee has waited a reasonable amount of time after asking the employer for the statement.  If the call is made before February 15 or when the employee has not yet asked for the tax statement, then the call is a waste of time and will need to be repeated again after both conditions are met.  If the call is made after February 15 and after the employee asks the employer for the tax statement, then the IRS will send the employee a "substitute form" so that the employee can file taxes and obtain the refund (although it may take longer than normal) without the tax statement, and may also penalize the employer.

Answer 10

Sounding a little paranoid.  They can not file a return for you and collect your refund.   If they could do that, they would file on behalf of 100 imaginary employees (at least).  At least go to the former employer and ask for it.  And if they refuse, just tell the IRS.  They would be happy to 'ask' for you.