Where to report Employer refusing to issue W-2

[MichaelDi09]

Employer keeps hanging up on my client, who has called repeatedly for her W-2 for 2016. I called IRS , but want to know of any other suggestions, on how to deal with this disrespectful employer?
The Director of this Daycare facility, forbid my client bathroom breaks , except for one 10 minute break , during the course of a 8 hr plus day. Utterly ridiculous!
I was thinking Dept of Labor and industry should be notified.
Appreciate any insight.

[KBTS]

From IRS.gov

https://www.irs.gov/uac/newsroom/missing-your-w2-here-is-what-to-do

[Burke]

Can you determine what the "wages" were and if any taxes were withheld? If facility withheld taxes and did not send them to IRS, employer is in big trouble. Also, I would dispense with the phone calls and have client write a demand letter for the document, including ramifications that will ensue if she does not receive it. She can use this as evidence of attempt to obtain W-2 with the IRS.

[Jiggers]

If you know the local State Unemployment Tax Auditor, call him. I did that once, and the auditor scheduled an immediate audit of the business. W-2 issued (as the employer was calling employees contract labor and the state fixed that). Yes, took a couple of weeks to happen, but you can get an extension.

[FEDUKE404]

File a substitute W2

I'm not quite sure it's your job to be getting in the middle of possible labor disputes (and more) for a tax client.

File Form 4852 and move on. (My guess is you might have to paper file instead of efile ??)

JDS

[TaxGuyBill]

I'm not quite sure it's your job to be getting in the middle of possible labor disputes (and more) for a tax client.

File Form 4852 and move on. (My guess is you might have to paper file instead of efile ??)

JDS

I agree completely. You took the words out of my mouth. :-)

[Burke]

If you know the local State Unemployment Tax Auditor, call him. I did that once, and the auditor scheduled an immediate audit of the business. W-2 issued (as the employer was calling employees contract labor and the state fixed that). Yes, took a couple of weeks to happen, but you can get an extension.

Those state guys just love this stuff. Had to deal with them once on a random business audit of a real estate appraisal business. The industry was a high-profile target. Said they were going to report results to IRS, but nothing ever happened on that end.

[taxea]

Reason for filing substitute W-2: "Employer refuses to issue W-2". Did the employer issue a 1099-misc or nothing? Were employee taxes withheld from the paychecks?
If client sends demand letter be sure it is mailed certified with return receipt requested.

[JohnH]

If you have enough info to file the 4852, you have enough info to file an extension and get things sorted out properly.

[TAXNJ]

Something missing here

Employer keeps hanging up on my client, who has called repeatedly for her W-2 for 2016. I called IRS , but want to know of any other suggestions, on how to deal with this disrespectful employer?
The Director of this Daycare facility, forbid my client bathroom breaks , except for one 10 minute break , during the course of a 8 hr plus day. Utterly ridiculous!
I was thinking Dept of Labor and industry should be notified.
Appreciate any insight.

Client accept some of the responsibility?

Why did client wait until the year ended to ask why taxes not withheld? When given a paycheck did they get a paystub? If not, why wait until the year ended?

Told not to take "break time" but still stayed on the job? Was the pay that good?

Since you might contact the IRS or whoever you contact asks you those questions, what's your answer(s)?

Again, something missing here besides a "W-2"!