Is there any legal recourse against am employer who collected insurance premiums from an employee but failed to pay the premiums?

For 2 months my wife’s employer deducted almost $2,000 from her paycheck and did not forward the money to the insurance company. We expect another $2,000 of prescription claims to come back on us from the pharmacy.

Asked on September 8, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the employer took your wife's money and then either negligently (carelessly) or deliberately (on purpose) did not forward the money to the insurer, then they are liable (or responsible to pay or repay) the greater of the premiums or the prescription (and/or medical coverage) which you should have received but did not. When people cost you money by their careless or intentionally wrongful actions, they have to repay the costs they caused. If the employer will not do this--either refund the premiums or, if the claims which went unpaid are greater than that amount, pay those claims for you--you could sue the employer for the money (such as in small claims court, actng as your own attorney, or "pro se," to save on legal fees).

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