incorrect w-2s

[brispick]

I received a notice from a former employer for whom I worked from 2005 to 2010 stating that with an audit it was discovered that the amount I paid towards my health insurance through the company had been being deducted post tax. My accountant says because of this mistake I was shorted about $2700 in tax return. My former employer says that although he is sorry for the mistake the statute of limitations on tax matters is three years and is not legally obligated to make amends. Do I have a case against him in small claims or is he correct in his statement?

 

[army judge]

I received a notice from a former employer for whom I worked from 2005 to 2010 stating that with an audit it was discovered that the amount I paid towards my health insurance through the company had been being deducted post tax. My accountant says because of this mistake I was shorted about $2700 in tax return. My former employer says that although he is sorry for the mistake the statute of limitations on tax matters is three years and is not legally obligated to make amends. Do I have a case against him in small claims or is he correct in his statement?

You can sue anyone at anytime.
If small claims is the route you'd wish to pursue, have at it.
Be advised, the IRS and your state tax agency might see the $2,500 you COULD receive as windfall income.
Be further advised that all you'll receive from a small claims victory is a pretty piece of legal paper with shiny (or embossed seal).
Then you must pursue perfecting and collecting the judgment.
Whatever you decide is YOUR call, and no one other person's opinion matters (unless you pay them, as in attorney).
Good luck.

 

[mightymoose]

The the year statute is regarding amended returns. You can't file an amendment for a return at this point, but you might be able to get something out of the employer for the improper deductions. Any statute on a civil claim likely begins from the discovery of the error.
Talk with a local attorney to consider your options and determine if it is worth pursuing.