QUESTION
When is it acceptable to share employees W-2?
Asked on Apr 17th, 2012 on Labor and Employment - Florida
More details to this question:
The imigration deparment is asking for W-2 information on current employees (names and ss can be taken out) for an employees H1B application. Is the employer allowed to give that information to the imigration deparment or does it violate a law.
1 ANSWER
Federal law makes tax returns and tax return information, including W-2 forms,confidential and prohibits their unauthorized disclosure. As to whether you can release redacted W-2 forms, in 1987 the U.S. Supreme Court held that tax returns are themselves protected from disclosure and, thus, could not be released with redactions. State courts in Pennsylvania and Colorado have also refused to authorize release of redacted forms. Of course, you need to speak to an attorney in your area to see if the specific circumstances of your situation may lead to a different outcome.
Answered on May 28th, 2012 at 12:52 PM