Can they withhold paychecks and my w2

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pokemother

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I was fired from my job back in August for stealing alot of money. It had happened all in over a years time. In order for the owner not to press charges he made me sign over my last 2 paychecks to him. Then he told me I had to come up with a huge sum of money with in 2 weeks. I was not able to come up with any thing so I had emailed him telling him I could give him my taxes when I recieved them. A couple weeks later i get an email from his colleague telling me thank you for offering us your taxes we will be in touch when its time. Now they will not give me my w2 they are saying i have to file with them there and deposit it in their account. Can they do this? I feel its not there business my tax info. I'm worried I will go to jail if i argue with them. I have kids and bills. I would not have done this if i wasnt desperate at the time. Trust me, i worked there for 10 years.

First off I want to apologize for this being so long ahead of time!
I started my old job 9+ years ago. About 2 years ago I ran into a huge financial problem and started to steal money from my employer. This past August they finally caught up to me(which I was glad I just couldn't stop). I admitted to it right away. Of course I was fired and the owner told me I would have to come up with the money immediately. He also told me that I would have to sign over my paycheck that I would be receiving that week to him, I agreed. I was unable to come up with any money so I emailed the owner and asked if when I filed my taxes would that be ok and he never replied. A couple weeks later I receive another pay stub in the mail stating the owner kept that paycheck also ( I never agreed to it or signed it over but would have if I would have known). Then in January I receive an email from my old manager stating it was nice that I offered to give them my taxes he will be in touch when w2 are in. I guess they didn't realize I had another job by then because when they got the w2's in they wanted me to come in and file my taxes with them and have it directly deposited into their account. I explained that I had not received my other W2 yet, so then of course I get well where do you work how long have you been there. I told them I am sorry but I do not want to give out that info. They were not happy. Well today is 2/9 and I still have not received my W2 from my current employer. Every day my old employer is bugging me, by law they had to have mailed it by the 31st, did you get it yet well you need to call them it shouldn't take that long. Something isn't right you need to get it. I explained I am not the only person who has not got it yet and he told me to contact them ask for them to email me copy of my last pay stub of the year. Then we can meet and do my taxes.
1st off my old employer with held my W2 isn't it illegal?
2nd they kept my last paycheck can they do that?
3rd can they directly deposit my taxes into their account?
4th can they use a last pay stub with out the w2 I don't think the tax info would be on it
I have every mean to give it to them but I feel as they are going to far with this. They even did a credit report on me to make sure no one else is getting my money. I want to say something but I am scared to go to jail I have 2 children and am a single parent. I know I am thankful they did not have me arrested ahead of time but I just feel like they are going to far with this.
Thank you for your time!!
 
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No, no, and NO! They CANNOT do this.

They are legally required to give you your W2 by January 31st. Under NO circumstances can they hold it for ransom.

Please remember, that they have a lot more to lose if they're caught doing this. You are free to contact Irs.gov, and perhaps here http://www.doli.virginia.gov/laborlaw/laborlaw.html.

Others will respond too.
 
Agree, it's against the law to hold your W2. You need to tell them you know it's against the law to hold it from you & if you don't get it, you will contact the IRS and your state's DOL.
 
I wouldn't involve the DOL at this point since she admits to stealing. The correct way of handling it was not to withhold her paychecks, but since she agreed to restitution I don't think the state DOL is likely to be too concerned about the withheld paychecks. Virginia is not the most employer friendly state in the US but it's not the least, either.

However, withholding your w-2 is a different issue altogether. The IRS will accept reports of missing or withheld W-2s from February 14th onward. Today is the last day it can be mailed and still be in compliance, but the 14th is the first day the IRS will accept a complaint, so you've got a couple weeks to go. If you have not received your W-2 by then, you can contact the IRS. This is a previous year's link but the information is still the same.

http://www.irs.gov/uac/Newsroom/Missing-Your-W2-Here-is-What-to-Do
 
cbg, you are probably right about the DOL. The IRS would be the best bet - they will not like it at all if a W2 is being withheld & will take appropriate action.
 
The state DOL can't do anything about missing W-2's anyway; the IRS is the exclusive remedy there.
 
Yep & the OP did sign over his paychecks to the employer & owed them money so no claim for pay there.
 
I was fired from my job back in August for stealing alot of money. It had happened all in over a years time. In order for the owner not to press charges he made me sign over my last 2 paychecks to him. Then he told me I had to come up with a huge sum of money with in 2 weeks. I was not able to come up with any thing so I had emailed him telling him I could give him my taxes when I recieved them. A couple weeks later i get an email from his colleague telling me thank you for offering us your taxes we will be in touch when its time. Now they will not give me my w2 they are saying i have to file with them there and deposit it in their account. Can they do this? I feel its not there business my tax info. I'm worried I will go to jail if i argue with them. I have kids and bills. I would not have done this if i wasnt desperate at the time. Trust me, i worked there for 10 years.

First off I want to apologize for this being so long ahead of time!
I started my old job 9+ years ago. About 2 years ago I ran into a huge financial problem and started to steal money from my employer. This past August they finally caught up to me(which I was glad I just couldn't stop). I admitted to it right away. Of course I was fired and the owner told me I would have to come up with the money immediately. He also told me that I would have to sign over my paycheck that I would be receiving that week to him, I agreed. I was unable to come up with any money so I emailed the owner and asked if when I filed my taxes would that be ok and he never replied. A couple weeks later I receive another pay stub in the mail stating the owner kept that paycheck also ( I never agreed to it or signed it over but would have if I would have known). Then in January I receive an email from my old manager stating it was nice that I offered to give them my taxes he will be in touch when w2 are in. I guess they didn't realize I had another job by then because when they got the w2's in they wanted me to come in and file my taxes with them and have it directly deposited into their account. I explained that I had not received my other W2 yet, so then of course I get well where do you work how long have you been there. I told them I am sorry but I do not want to give out that info. They were not happy. Well today is 2/9 and I still have not received my W2 from my current employer. Every day my old employer is bugging me, by law they had to have mailed it by the 31st, did you get it yet well you need to call them it shouldn't take that long. Something isn't right you need to get it. I explained I am not the only person who has not got it yet and he told me to contact them ask for them to email me copy of my last pay stub of the year. Then we can meet and do my taxes.
1st off my old employer with held my W2 isn't it illegal?
2nd they kept my last paycheck can they do that?
3rd can they directly deposit my taxes into their account?
4th can they use a last pay stub with out the w2 I don't think the tax info would be on it
I have every mean to give it to them but I feel as they are going to far with this. They even did a credit report on me to make sure no one else is getting my money. I want to say something but I am scared to go to jail I have 2 children and am a single parent. I know I am thankful they did not have me arrested ahead of time but I just feel like they are going to far with this.
Thank you for your time!!


Please don't keep asking the same question multiple times.

The answers we offer will not change.

This is your only warning.

Thank you!!!
 
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