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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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My employer is refusing to issue me a corrected W2 so I cam

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My employer is refusing to issue me a corrected W2 so I cam amend my taxes. I was overpaid, and am willing to return any refund money to my employer, but they still refuse.
Is this legal? They want me to repay all funds including the tax amounts by having a pretax deduction from my paycheck. I can do this, but it will take me many years as the
amount of the overpayment is significant. They created this problem, and this is a huge financial burden to me. I am willing to repay all funds, but amending my taxes would make the burden a little easier, and I think I would be able to finish paying back sooner.
My employer is a non profit institution. Does that make a difference?

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:

It'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.

Patrick, Esq. and other California Employment Law Specialists are ready to help you