Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your troubles stemming from this overpayment.While your employer is entitled to return of any moneys they erroneously paid, you are entitled to an accurate W-2 which reflects only those wages you actually EARNED. Your employer has an obligation to provide you with an accurate W-2 so that you don't pay taxes on more than you made, and if they fail to do so, they may be penalized by the IRS.The recourse for an employee in your circumstance is fairly straight forward. You will want to call the IRS at the following phone number and inform them of the incorrect W-2:(NNN) NNN-NNNN/p>
Be sure to have available your employer's name, employer ID number (this should be on your W-2) and the approximate wages you actually earned.The IRS will send a letter to your employer demanding that they provide you a corrected Form W-2 within ten days. The letter will further advise your employer of their responsibilities to provide a correct Form W-2 and of the penalties for failure to do so.The IRS will also send you a letter that provides instructions for filling out a Form 4852, which is the IRS tax form you will need to fill out if your employer ignores the IRS's request for them to revise your W-2. Essentially, a Form 4852 is a substitute W-2 which you fill out yourself when you are unable to obtain an accurate W-2. Here is a link to the Form 4852, but note that you will not want to fill this form out and submit it until your employer has denied the IRS's request for them to correct your W-2: http://www.irs.gov/pub/irs-pdf/f4852.pdfIt's really as simple as the above. Contact the IRS by phone and inform them that your employer has refused to correct your W-2. The IRS will reach out to your employer, and if they refuse to issue the necessary corrections, you can submit a Form 4852 instead.Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).