A partnership was sued for back wages through the Dept of Labor. They paid the Dept of Labor in 2010 to avoid legal fees . Now ex-employee wants a W-2 from them. Wages were from 2008. Do they have to issue a W-2?
Why was the suit brought and what exactly were the findings?
I would say that this is impossible to answer without all the facts (Why did they not issue a W-2 in the first place?)
All the former employee is asking for is a statement of earnings and withholding. Why is there any resistance to giving him a W-2?
Possibly because there are some inconsistencies between their DOL deposition and the amount the employee was paid? Also possibly because of taxes withheld by employer but never deposited? If the partnership settled to avoid opening its books, I can think of a lot of reasons.
The former employee was fired and he claimed he was owed back wages. The partnership disputed it, but after considering what the legal fees were, they decided to pay him, but it was paid to the Department of Labor and the Department paid him. The amount they settled on was $2900.00 plus interest. I just didn't know whether they had to issue the W-2 or the Dept of Labor would.
