I am a San Francisco fireman that was diagnosed with cancer in May 2009, filed for a job related disability
claim in regards XXXXX XXXXX cancer in same month, and that claim was finally approved in November 2011.
I am owed 2 W2Cs by my payroll department as the approval of the claim changed my actual tax liability
for those years as I was off of work from May 2009 until Dec.31st, 2010. I have since returned to full duty after 10 months of modified duty starting Jan. 2011.
I paid my regular tax
amounts in both 2009 and 2010 which incurred an overpayment on my part for both those years once my short term disability claim was approved.
It has been a year since my disability claim has been approved and still no W2Cs. Is there a legal time limit for my employer to give me my W2Cs? I have been informed by the IRS
that I have up to 3 years to submit a W2C for a given year, which begins on the filing deadline
for each year in question and that it is an uphill battle to attempt to submit a W2C thereafter.There is also an overpayment in salary involved in the year 2010 to me but not in 2009, but I'm told by my payroll department that they will not give me the 2009 W2c until the overpayment on the 2010 W2c is repaid so that they can actually create a W2c for 2010. Is that legal? Submitting the 2009 W2c and collecting from it would go a long way to servicing the overpayment in salary incurred in 2010.