WWYD- W4 not recieved, given to someone else

My son worked for a local establishment last year for a number of months. Since January he has been reaching out to the employer (including visiting the operation) to ask for his W4. Each time he was told it would be arriving soon. Last week my son again visited his former workplace and was told, we gave it to one of our other employees to give to you.  This said employee is now no where to be found. We have tried reaching him without success. Granted we can likely get another W4 from the employer but I am STUNNED that someone would casually give out personally identifiable information including SS# and address to someone else. Do we need a new SS#, do we have to begin looking into identity theft, should I call the IRS or a labor organization? OR, am I making a mountain out of a molehill?

luigi said:

My son worked for a local establishment last year for a number of months. Since January he has been reaching out to the employer (including visiting the operation) to ask for his W4. Each time he was told it would be arriving soon. Last week my son again visited his former workplace and was told, we gave it to one of our other employees to give to you.  This said employee is now no where to be found. We have tried reaching him without success. Granted we can likely get another W4 from the employer but I am STUNNED that someone would casually give out personally identifiable information including SS# and address to someone else. Do we need a new SS#, do we have to begin looking into identity theft, should I call the IRS or a labor organization? OR, am I making a mountain out of a molehill?

Somebody needs to have a serious talk with that establishment as this should not happen.  I would be stunned also.  I would probably contact Social Security to seek advice for your questions.

Employer should be advised as to why giving a W-4 to someone else than the employee named in the document is a bad idea.I can't imagine why the employer would give your son's W-4 to someone else.  

Get the duplicate copy of the W4 from the employer so your son can file his taxes. Then follow-up on identity/security issues.    IRS, Social Security, etc. should be consulted as to what follow-up if any is needed.  You may also want to get identity monitoring for your son. 

Also perhaps contact the IRS to be sure no one else has tried to file for a refund under your son's name? Evidently that's become more common.

It is very rare to get a new social security number. I would recommend identity theft monitoring, but I recommend that even when there was no known breach. Children are increasingly becoming victims because unlike adults they don't have their credit run on a regular basis so the theft can occur for a decade or longer before it is found. All three of my kids have a basic protection plan which will alert me if any accounts are opened in their name or if anyone runs a credit check on them (presumably for someone trying to open a credit card acct.)

I believe that these are things you can check for free (I know this is true of checking your own credit, I don't know how it works in regards to children) but I know that I would be inconsistent in checking, which is why I pay a third party to do so.

In regards to the employer and the W-2, I don't know if any actual laws were broken, but I would still go back to them and explain that you will be going to the police department on X date to file a report. This may be the nudge they need to actually track down the missing employee.  

ETA: The employee basically gave your child's name and social security number to a third party who had no right to it, so there has to be some sort of law that was violated. 

2nd ETA: Also, a police report showing the violation would also be helpful in the event that any fraudulent use of the SS# is discovered at a later date. When fraud is discovered and disputed banks always want copies of police reports.  

@spontaneous - why wouldn't you just put a fraud alert out for your kids with the three major credit reporting agencies.  When that's done, it signals the potential creditor to not issue credit in the absence of a confirming phone call.

Don't you have to renew fraud alerts? I thought they were only good for a specific period of time. I would probably follow through for a year, maybe two, and then it would fall through the cracks. I understand that there are free options, but I also acknowledge that I am not diciplined enough to follow through. 

I think that they are good for three years.  Put it in your calendar to report every 34 months.

I'm assuming you mean W-2 and not W-4.

Employers are required by Federal law to provide a W-2 to the employee by January 31st.  Your son's employer violated the law.  You should file a complaint asap.