Employer missed the Deadline on my W2. Lawsuit?

Question

I think I had the right to expect to receive my W2 before the 31st (the day I'm actually writing this) and I planned accordingly. As such, I'm now going to miss the deadline set by my landlord for payment of my rent. I was relying on my tax return to pay the back rent and now I will my landlord will be taking legal action to have me evicted and make sure that they are able to collect on my rent. This is almost an automated process for them. As such, even if I am able to pay my rent and avoid the eviction if, as my employer claims, I will recieve my W-2 forms on Monday, February 2nd, I will still owe my landlord for the courtcosts as is a part of my lease agreement. Because my employer has missed their legal deadline for providing me with last years W-2 forms I feel they are responsiable for my misfortune. Is this grounds for a lawsuit?

Answer 1

They are to be mailed out by/on 1/31. So if they send it out today they are covered.

Answer 2

Perhaps you should have read your booklet from the I.R.S., they have until Feb SECOND. As in MONDAY.



edit:People I have the 1040EZ filing instructions, from the I.R.S. and it specifically says the employer is required to provide or send the W-2 no later then Feb. 2 2009. It's likely because the 31st is a Saturday(providing an extra day because weekend). Personally I didn't mean my answer as a lecture or anything, it's just you can't get a lawsuit when they haven't broke the rules YET.

Answer 3

Good luck with that one.....geez.



Its sounds like your problem is that you are chronically late paying or you owe back rent. Whats your excuse for that.



Pick up your self esteem and develop some morals.



ETA: Nope you do not have grounds for a lawsuit nor should you.....if anything they will get a warning if enough complaints are filed......if they are getting complaints every year then the company will get fined of which Nothing will end up in your pocket. If an employee was intentionally interfering with it...then federal charges can be brought against the individual.

Answer 4

as in any state in the US, W-2 is to be post marked on or by the 31st. of Jan., if you have not received any such item by the 15th. of Feb. contact your local IRS office, they will send you out a complaint form and they will follow up, if you need to call the IRS make sure you have your last paycheck stub, SS#, employer name, address and telephone number. It would not be worth filing a lawsuit if you had not done the follow up after the 15th. of Feb., it will cost more in legal fees than what your return if any would be and could be a dragging case for years to come.

Answer 5

The W-2's are to be postmarked by the 31st of January. If you do not recieve it by then, you can contact your employer. If you still don't get it by the 15th of February, you can file a complaint with the IRS by calling them. As far as your employer being responsible...no. They are not the ones that got you in a legal lease with a landlord which resulted in you obviously overextending yourself financially.

Answer 6

By Law, a W-2 must be postmarked no later than Jan 31st of the current year. So 2008 W-2's should be sent by mail no later than Jan 31st of 2009.



yes it's always nice to have it earlier, but they are under no legal obligation to do so.

Answer 7

You should have had a better back up plan in place to pay your rent, sound like this isn't the first time you've been late. This is no ones fault but your own.

Your employer is not responsible for your rent being paid on time, You are.

Answer 8

The law states that the W2s must be prepared and postmarked by 1/31.



You're SOL. How were you going to get a return so fast anyway?

Answer 9

You are responsible for your misfortune. You are the one who got behind on your rent. You are the one who got yourself into this mess. So no your employer is not resonsible or liable for your mistakes.

Answer 10

Send them a demand letter and see what happens. I doubt you have any grounds for a lawsuit because it's not their fault your rent was late.

Answer 11

Perhaps you should have saved everyone of your payroll stubs, than you would not be waiting on a w-2.