What to do if I have insurance premiums withheld from my paycheck but my employer is 10 months delinquent?

I am seeking a new job. If I get this job and the back payments have not been paid at that point, am I do a refund for premiums withheld but not paid.

Asked on November 6, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you should get a refund of premiums which you paid but which in turn were not paid over to the insurer: the employer is not allowed to take your money without providing the thing it was supposed to provide. If the employer will not voluntarily provide this money, you could sue, including potentially in small claims court (where you could act as your own lawyer, saving on legal fees).

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