Can i sue my employer if my W2 was stolen?

Even if you have a claim, what are your damages or penalties? Check with a local lawyer to see if MI law gives you a private right of action. David Mallen

Ask for a replacement.

I agree with the other attorneys. Now, if the thief uses your SS# and other personal information to steal your identity and you then suffer losses, you may have a claim against the employer. Until then, you have no real claim for a lawsuit. I wish you luck!

The short answer is no, you probably do not have a claim. If however, you report the Employer's carelessness to a 'public body' such as the IRS and the Employer's terminates your employment or otherwise adversely effects the terms and conditions of your employment, you could have a case under the Michigan Whistleblower Protection Act. I only mention this, because if you do end up getting terminated, this type of lawsuit has to be filed within 90 days of the adverse employment action. So keep this in mind if you start having problems at work.