Employee benefits

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Employee benefits

What are my legal rights if
my employer has been taking
deductions from my pay for
insurance and the employer
does not pay the premium
and I am terminated by the
insurance company?

Asked on October 18, 2018 under Employment Labor Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First, you will need to confirm whether or not the insurance company made a mistake. If you determine that it has not, then your employer will need to make good on this problem ASAP. If it does not do so, then in addition to violating the terms of employment by not providing the insurance that it was taking wage deductions for, your company may be guilty of theft or fraud. At this point, you need to go to your employer immediately and demand that it provide insurance as per the deductions. If they refuse to do so, then it must (1) return all deducted money; and (2) if you incurred any medical expenses during the period for which you should have been covered and for which your employer was making deductonsthey were deductions, it will have to bear those expenses. If it does not return the money and/or pick up your medical expenses, then you can sue. Further, if you think it has stolen your money, you can go to law enforcement. At this point, you may want to consult directly with an employment law attoreny, who can best advise you further.


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