My previous employer has not sent me my W-2, I was a commissioned
loan officer, with the hours i worked and another employee did not
average minimum wage. The office is now closed and the owner has told us
he is working on getting us our W-2. Can we sue for back wages? He was
never in the office because he worked at a bank.

With regards to the W-2, the IRS will not take complaints about unreceived W-2's until February 15. (I only got one of mine today because they left my PO Box off the address.) If you have not received it by that date, you can complain to the IRS.

I would talk to the state DOL about the unpaid wages first, but they can't always help in commission situations. In that case, yes, you can sue for the unpaid wages. Start with small claims court if the amount due is within that range.