Missing W2 & 1099-MISC from Former Employer Class Action Lawsuit

[JAR07]

I received a payout as part of a class action lawsuit with a former employer I worked with in 2017. In the check stub and details, it mentions “You will be mailed an IRS Form W2 and IRS Form 1099-MISC for this payment in January 2024”. It’s now March and I’m yet to receive any of the two noted tax forms. I’ve tried contacting the class action group and haven’t been able to establish any contact, their email address auto-rejected my email and their phone number just stated the lawsuit was closed. I also contacted my former employer’s HR to inquire if the W2 was potentially provided by them, which they confirmed they did not have any tax forms for me. 

I have the details of the Gross settlement amount, damages, gross wages, Medicare, social security, federal tax withholding, state income tax withholding, and other state deductions from the check stub. 

Any advice on how I can account for this payout? Kind of reached a dead-end here. 

[DianeW777]

Yes, you can file a substitute W-2 since you have all the information on the check stub. 

This does require that your tax return must be mailed but you can file immediately using this process. The link below will show you how to get started with the process. Try to get the employer identification number (EIN) and enter the address of the employer.

• How do I file a substitute W-2 with Form 4852?