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  #1 (permalink)  
Old 02-14-2009, 09:32 AM
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Default Employer not sending complete W-2

My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.

Thank you
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  #2 (permalink)  
Old 02-14-2009, 12:09 PM
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If you have paystubs, you can send paystubs, w2s to IRS. He will be behind bars forever in days.
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  #3 (permalink)  
Old 02-14-2009, 12:20 PM
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Default I faced this

I had the same problem with my desi employer about a couple of years ago. Tell him that you are going to call the IRS if he does not correct the W2. then go ahead and call the IRS. they will send him a letter, most often than not it should take care of things, otherwise the IRS will investigate the employer.

I hope you have the Pay stubs to prove your claim.
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  #4 (permalink)  
Old 02-14-2009, 12:27 PM
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Quote:
Originally Posted by shaq View Post
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.

Thank you
Just tell him you are going to inform about this to IRS and see his reaction. If nothing happening call IRS and report. You can amend your Tax written for extension. So you wll get time till Oct 15h.
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  #5 (permalink)  
Old 02-14-2009, 12:33 PM
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Default Thanks

Thanks everyone for the replies, I have paystubs, I will report it to IRS, they said they showed it as company profits which will be 20% tax itseems. and now they want to send me the deducted taxes and 1099 to correct the issue.
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  #6 (permalink)  
Old 02-14-2009, 01:27 PM
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My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?

I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
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  #7 (permalink)  
Old 02-15-2009, 12:59 PM
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Any advise/comments?

Quote:
Originally Posted by bbct View Post
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?

I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
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  #8 (permalink)  
Old 02-15-2009, 01:51 PM
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Default

Quote:
Originally Posted by bbct View Post
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?

I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
Due diligence
Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.

kris
__________________
Disclaimer: Not a legal advise
---------------------------------
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PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
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PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
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  #9 (permalink)  
Old 02-15-2009, 01:53 PM
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Did she receive a paystub for the sick pay? I mean, did the employer or the third party insurance deduct federal, state taxes for the sick pay?
If yes, then she is entitled to receive a corrected W2 from her ex-employer.

BTW, havenít heard about receiving sick pay from third party insurance, this is something new.

Quote:
Originally Posted by bbct View Post
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?

I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
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  #10 (permalink)  
Old 02-15-2009, 02:09 PM
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Default

The statements that were enclosed with the checks received from Insurance Company shows deduction of OASDI and Medicare taxes but not Federal and State taxes. When we contacted the Insurance Company asking for a tax statement we were told that they have mailed all the statements to the employer and they should include in the W2 statement. Upon knowing from the Insurance Company, we wrote an email to the HR asking for a corrected W2. The HR replied that we can report those wages even without a W2 from the company and later she replied saying she didn't received any statements from the Insurance Company and also they have changed the payroll company and so they can no longer issue a new one.

We are based in NY. We also called IRS to confirm if we are suppose to pay taxes on those income. The IRS officer said it should be included in the W2 and have asked to wait until 02/15. The insurance premiums nor the cost-plus-fees for the sick pay (maternity disability) were paid by us.

There is a bold note on the statements saying:
1) The tax information must be reported on year-end w-2 forms
2) Federal Law HR4331 states that all disability payments will be subject to the Social Security Tax for the first six (6) months only
3) This tax has been deducted from your payment in compliance with this law

Last edited by bbct; 02-15-2009 at 02:11 PM.
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  #11 (permalink)  
Old 02-15-2009, 02:14 PM
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Default

Quote:
Originally Posted by krishnam70 View Post
Due diligence
Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.

kris
I didn't send a certified mail but I have a reply to my email saying that they didn't received the statements from the Insurance Company and we can still report those missing wages without a W2 from the company.

Can we use this as a proof of contacting employer requesting for a corrected W2?
Or
Do you still recommend us to send a certified mail? so, first thing Tuesday morning I can do that.
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  #12 (permalink)  
Old 02-15-2009, 04:34 PM
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Default Yes ..

Quote:
Originally Posted by bbct View Post
I didn't send a certified mail but I have a reply to my email saying that they didn't received the statements from the Insurance Company and we can still report those missing wages without a W2 from the company.

Can we use this as a proof of contacting employer requesting for a corrected W2?
Or
Do you still recommend us to send a certified mail? so, first thing Tuesday morning I can do that.
Yes, make sure you give your employer the benefit of doubt by sending the documents via certified mail and acknowledgment received/delivery confirmation.Make sure you mention that you need it amended to file for taxes and will be forced to report otherwise. Follow that up with an email via delivery confirmation option to make sure its been received. If nothing happens from your employer in consultation with your tax consultant file a complaint.

good luck
kris
Do speak to your attorney/tax consultant for a legal opinion
__________________
Disclaimer: Not a legal advise
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PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
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PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
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Letter for administrative fixes
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  #13 (permalink)  
Old 02-15-2009, 04:52 PM
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Send this link and ask him if he wants to join.

http://www.computerworld.com/action/...2&pageNumber=1

Quote:
Originally Posted by shaq View Post
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.

Thank you
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  #14 (permalink)  
Old 02-16-2009, 12:31 AM
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Default Maternity leave

bbct :

My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.

I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.

AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.

HTH
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  #15 (permalink)  
Old 02-16-2009, 03:00 PM
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Default

Thanks for responding.

I was going back through the statements that we received from the Insurance Company. The statements shows OASDI tax withheld, which is the SS tax. I believe, the employer is equally responsible to contribute 6.2% of the income to the SS and 1.45% to medicare. That means, this income should be added to the SS wages and medicare wages by the employer. I would be complaining about this employer tomorrow to IRS.

Quote:
Originally Posted by pponakan View Post
bbct :

My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.

I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.

AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.

HTH
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