What can I do if I’ve been paying for health insurance through my employer but just found out that it has not paid the bill but is still taking money or of my check every week?

Asked on March 13, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, let your employer know what is happening (if they don't already) and ask them to fix it--it could be an innocent mistake. Or it could be a wrongful act by a junior or mid-level person (like an HR person) who know will not correct it for one reason or another: if you don't get a suitable answer, try going to someone higher in the company.

If the situation is not fixed to your satisfaction, you have several overlapping options:

1) Sue to recover the money taken out but not applied to your insurance;

2) Sue to force the company to cover any medical bills incured while you should have had insurance;

3) Sue to force them to provide insurance in the future;

4) Report this to the police, if it looks like someone is actually stealing the money (as opposed to just making some serious, but honest, mistake in processing).

If things are quickly resolved by the company satisfactorilly, you should speak with an attorney about your option.

Also, consider whether this is part of a broader pattern of your company having financial problems or engaging in financial wrongdoing--are they taking employee money and not actually buying health insurance because they can't afford insurance? Or because someone at the top is generally taking money out of the company for his/her own benefit? If there is evidence that this isn't just a problem with your insurance but reflects broader or deeper issues, you may wish to start looking for another job, too.


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