Legal Question in Tax Law in Kansas

Employer Withholding w2

I currently reside in Kansas, but up to late November of this year I had a job working for a Chinese restaurant in Texas. I borrowed money from my boss to make the trip with every intention of paying him back. When I got to Kansas I began to have problems with my vehicle and informed my boss I would not be able to return. However I told him as soon as I was able to come up with the funds he would be paid back in full. The repairs were more extensive than I thought they would be and I finally have it paid off so I inform him that I need to wait until taxes come in before I can pay him back. Now he is refusing to mail me my w2 form because I owe him this amount, but I can't pay him back without my w2.

Help?


Asked on 2/02/12, 1:06 am

1 Answer from Attorneys
William Prugh Retired from Polsinelli PC

Brief & incomplete answer: the employer is always required to provide the W-2 and cannot hold it due to an unrelated dispute. You are allowed to submit a substitute W-2 if you do not get the employer to send it to you if you kept your pay stubs or other information to show what was withheld. This is not a perfect solution, but may be an alternative if needed. Sorry I cannot provide you with a better solution.

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Answered on 2/06/12, 7:07 am


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