You can file a lawsuit based on negligence if you have in fact been damaged by their failure to send you a w-2. You have only been damaged by their failure if you incure any tax penalties because of it. The fact that it is inconvenient is not a recognized damage upon which you can base a negligence claim.
Very brief,Not very specific,The question of if it actually is illegal that the company never even posted the form was never really addressed.Maybe I'm not comprehending right,but I dont understand how I would know if Im going to have any tax penalties yet since I have yet to file my taxes!I just thought being negligent was failing to do something,careless,and also I thought that just the fact that they said it would be posted on the 31st and still hasnt been posted would be enough! Maybe Im just misunderstanding but I dont feel this answer is worth $40!
I see that you rated my answer negatively. The rating system is not meant for you to show your displeasure with the law. I told you the honest truth about the law and a negligence claim. I cannot change the law for you. You cannot sue for negligence at this point and I am bound by my ethical duties to inform you of the truth about the law when you ask me here. To prove negligence, you must prove (1) a duty to act; (2) an action which breached that duty; (3) the action caused an injury; (4) and the injury caused you damages. You have not suffered recognizable damages under the law of negligence and therefore cannot sue.
It is illegal for the company to not send you the w-2s, yes. Can you sue if you file your tax return late because of them and get a penalty because of that, yes. Can you sue right now? No.
That was a much better answer!Thank u!
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