What is my recourse for an error that has caused improper paycheck dedcutions regarding my insurance?

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What is my recourse for an error that has caused improper paycheck dedcutions regarding my insurance?

I have had my work insurance for over 2 years. I have never been a smoker, yet I started to notice that there have been deductions for being a smoker. When I asked HR about this, I was told that it was standard for a smoker. I informed HR that was not, however I was told that there was nothing that could be done. I am out $30 bi-weekly. Is there any chance that I could get the money they wrongly took out?

Asked on July 13, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You could potentially sue your employer for over deducting from you due to their error in listing you as a smoker when you are not. You are talking about $60/month, or $720/year, or around $1,440 for the last two years. You would have had lower taxes however due to the deductions, so the real cost to you is probably in the $1,000 - $1,200 range. You need to decide if suing your own employer for that amount is worthwhile.


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