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Employment Law/Employer fails to release w-2


QUESTION: My wife got a Virginia workers compensation lawyer because her former employer would not file  her workers compensation claim.  My wife had to file it. Long story short her lawyer settled the case for $47,500.  In the settlement part of the money was for my wife's "lost wages."  Since my wife got her "lost wages" in the Virginia workers compensation settlement can she file a Virginia code 65.2-308 lawsuit aganist her former employer for "lost wages.? Can she get her "lost wages" again since she already got them in the Virginia workers compensation settlement?

ANSWER: Mr. Harvey - Was you wife terminated because she attempted to file a workers comp claim?  That is the condition for recovering under this statute.  

I doubt you would be able to recover twice, unless some of the costs and wages were not covered by the settlement of the workers comp claim.  If she did not receive all of the compensation to which she was entitled, you may have a valid claim, assuming that she meets the above criterion.  If not, you have no lost wages to pursue.

---------- FOLLOW-UP ----------

QUESTION: My wife has tried every way to get from this same former employer her w-2's.  He will not release them. We live in Virginia.  We went to our local irs office but they said it was not much they could do. Can she file a lawsuit aganist him if he refuses to release the w-2's?

Mr. Harvey - please resubmit your question and label it a tax question, which is what it is, not an employment law question.  I do know that there is a form employees can fill out in the absence of a W2 when filing the federal tax return. It is form 4852, and the IRS can provide you with a copy.  

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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