Can I report my employer for not giving me my W2's and not giving me my last paycheck?

I was wondering if there was anything that I can do about my employer, he still hasnt given any of the employee's their W2's and frequently bounces our paychecks, I was recently let go, and even though our payroll day was March 25th, I still haven't receieved my final paycheck, he said he didnt know when he would be able to pay me, he shouldnt be able to hold out on my paycheck like that, or my W2.

1 answer  |  asked Mar 28, 2010 9:21 PM [EST] in Wage payment  |  applies to Georgia

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Answers (1)

Ronda Higgins Thornton
If your employer fails to provide a W-2 by the January 31st deadline, you can contact you local IRS Office. Keep in mind that you can file your taxes without your W-2 form by using the year-to-date information from your last 2009 paycheck and filing an IRS Form 4852 with your taxes.

If your employer is withholding your paycheck or the check fails to clear, you should contact your local Department of Labor Wage & Hour Division for assistance. Failing to pay an employee for wages that they have earned is a violation of federal labor laws.

Many states have criminal and civil penalties for intentionally passing a bad check and your employer may be liable. In the future, if you receive a paycheck that subsequently bounces, you can contact an attorney within your jurisdiction to see if they will be able to assist you.

posted by Ronda Higgins Thornton  |  Mar 30, 2010 1:00 PM [EST]