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My daughter and her husband worked for a small but relatively

successful owned restaurant in Georgia...
My daughter and her husband worked for a small but relatively successful owned restaurant in Georgia. Their employer never gave them W-2s, and apparently never withheld. They filed complaints with the IRS, as did others. The restaurant is still in business, but are now under investigation. They can roughly guess how much they made, but that's about it. They also are full time college students.

My questions are:
1.) What should they do with regard to the April 15 deadline?
2.) What other action can they take against their employer?
3.) What should they do with regard to filing a FASFA? (We're very concerned about their ability to attend college in the fall, if they are unable to complete a FASFA.)
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Answered in 12 minutes by:
4/13/2013
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. To answer the questions:

1. Contact the IRS for assistance at(NNN) NNN-NNNN She must provide her name, address, city and state, including zip code, Social Security number, phone number and have the following information:
Employer’s name, address, city and state, including zip code and phone number
Dates of employment
An estimate of the wages earned in 2012, the federal income tax withheld, and the dates of employment.

She'll have to file her taxes on April 15 -- even if it's filing for the extension (she'll still have to pay estimated taxes). This is the form to do that http://www.irs.gov/pub/irs-pdf/f4868.pdf

2. There's nothing else to do with the employer right now except to wait for the IRS audit to be done.

3. Fafsa verification occurs after the April 15 federal income tax deadline. However, special rules apply to people who obtain a six-month extension from the I.R.S. Fafsa should be completed NOW and then later updated when the final IRS form is filed. That update can later impact any eligibility determination.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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Customer reply replied 4 years ago

Thank you for your reply. One quick follow up...do they have a basis for legal action against the employer?

There won't be a basis if everything is made right at the end of the IRS audit. Everything should be resolved then and they should be made whole without having to sue.

~~ J.B.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Good information. Thank you!

You are most welcome. Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
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JB Umphrey
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Assisting employees and employers for over 14 years.

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