How do I get refunded money that my employer deducted from my paycheck for insurance premiumsif itdid not pay the premiums?

UPDATED: Jun 9, 2011

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How do I get refunded money that my employer deducted from my paycheck for insurance premiumsif itdid not pay the premiums?

I have AFLACC and my employer deducted premiums for 11 paychecks. However they did not send the money to AFLAC and my policy lapsed. They owe me the money back. What are my rights?

Asked on June 9, 2011 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a right to the money they improperly deducted (improperly, since you did not get the insurance you were supposed to) and/or to get the insurance coverage you were promised--there is no doubt that you may get at least one of these, since the company may not take your money but give you nothing for it. However, you will probably have to sue in order to get your money. You should speak to an employment attorney *immediately*--in cases like this, there's often either fraud, embezzlement, or the company is failing; in any event, it's likely there either is no money or the money is being diverted. (Note: it *could* just be an administrative oversight; but don't count on that). If any of those are happening, the longer you wait, the less likely it is that there will be money to recover.

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