What to do about back pay of dental deductions if my husband’s employer forgot to make them?

UPDATED: Mar 2, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 2, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about back pay of dental deductions if my husband’s employer forgot to make them?

My husband started his job 1 1/2 years ago and signed up for dental. The company he works for forgot to take out the payments and  now they want him to pay the back amount even though he does not have a claim. Who is responsible to pay the back amount?

Asked on March 2, 2012 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband had in fact been provided with dental coverage--even if he did not in fact use it--then he has to pay for it, as per the agreement in place when he signed up for it. If due to an error, he did not pay it at the time, the company may seek its payment now; from what you write, it would therefore seem that your husband is responsible for the back amount. Insurance is inherently a gamble--there's always the chance you'll pay for benefits you don't need, just as there's always a chance you'll receive far more in benefits than you paid. Whether or not you made use of your coverage has no bearing on the obligation to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption