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I left my last job last year at the end of a month. We were on a monthly pay schedule, getting paid for the previous month of employment. My employer promised me my last check and my W2 (since there would be no more paychecks, there wouldn't be any change to the W2, so he was going to print it out then). I never received my last check, nor my W2. We parted on "less than friendly" terms. I don't care about my last check, but I'm wondering, can I use my last pay stub to get the numbers I need for my W2? It lists all the taxes I paid, how much I was actually paid (i.e. without my final check), etc., which is all I need for the W2 info (I already have the EIN from a previous W2)

Can I use this last pay stub info? Or would there be a discrepancy if they claim they paid me my last check, which would be reflected on the W2, even though I never received the check, nor deposited it?

I'd really rather not have to bug them for my W2, and consequently, my last check.

EDIT This is in the USA, specifically new mexico, in case there are state laws people are aware of.

  • CDSpace, can you please include your locale, like what part of the world you're from so we can answer this more authoritatively? – jmort253 Feb 18 '14 at 7:36
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    This sounds like more of a taxation issue rather than a workplace issue (other than the fact that your workplace didn't give you the information you wanted). Would this perhaps be better suited to personal finance or the like? Is it specifically off-topic there? – jmac Feb 18 '14 at 7:48
  • This would be a good question for money.stackexchange.com – JohnFx Feb 18 '14 at 18:53
  • sounds like he owes you for the last months wages – Neuromancer Feb 19 '14 at 20:14
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If the company was paying you either as a w-2 employee or as a 1099 employee they owe you the required form by the end of January. They also have to submit copies to the IRS by the end of February. Check the IRS website and the state taxing agency website for info regarding steps to take.

if you haven’t received your W-2, follow these four steps:

  1. Contact your employer If you have not received your W-2, contact your employer to inquire if and when the W-2 was mailed. If it was mailed, it may have been returned to the employer because of an incorrect or incomplete address. After contacting the employer, allow a reasonable amount of time for them to resend or to issue the W-2.

  2. Contact the IRS If you do not receive your W-2 by February 14th, contact the IRS for assistance at 800-829-1040. When you call, you must provide your 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 you earned, the federal income tax withheld, and when you worked for that employer during [2013]. The estimate should be based on year-to-date information from your final pay stub or leave-and-earnings statement, if possible.
  3. File your return You still must file your tax return or request an extension to file April [15, 2014], even if you do not receive your Form W-2. If you have not received your Form W-2 by the due date, and have completed steps 1 and 2, you may use Form 4852, Substitute for Form W-2, Wage and Tax Statement. Attach Form 4852 to the return, estimating income and withholding taxes as accurately as possible. There may be a delay in any refund due while the information is verified.

  4. File a Form 1040X On occasion, you may receive your missing W-2 after you filed your return using Form 4852, and the information may be different from what you reported on your return. If this happens, you must amend your return by filing a Form 1040X, Amended U.S. Individual Income Tax Return.

You can use your last paycheck as a way to estimate the withholding and inciome. The tricky thing will be the missing paycheck. It might be a 2013 or a 2014 paycheck depending on when it was written.

I would focus on getting the W-2 first before deciding on if a labor lawyer needs to get involved.

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You need to get that W-2 at some point because they are going to be reporting that info to the IRS. In all likelyhood that W-2 includes that missing check, so if you put down the info from your last stub, you're going to have the wrong numbers, and that's never a good situation to be in.

Other posts include the IRS info about what to do, but you can't just use your last pay stub as if it were a W-2.

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