What to do for non-payment of payroll and insurance deductions not paid to a health insurer?

UPDATED: Nov 15, 2010

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What to do for non-payment of payroll and insurance deductions not paid to a health insurer?

My employer has not paid myself or staff since 10/22/10. He had sent emails out then that payroll will not be good. Prior to that as an employee, I had 100% of the insurance premium deducted from my payroll and the employer let the insurance lapse. I have medical concerns that need insurance. What can I do about the employer taking the insurance premium from me and not paying the insurance company?

Asked on November 15, 2010 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may need to sue your employer. If he did not pay the insurer and let the coverage lapse, he breached a contract of which you are a third-party beneficiary; you may have grounds to sue, particularly if you incur any significant costs or liability owing to the lack of insurance. Also, the employer has to pay you for the work you've done, which is another think you could sue for. You should consult with an employment attorney immediately--in cases like this, if the business is either failing and the employer is using payroll to prop it up, or if he's actually taking the money personally, the longer you wait, the less likely it is that there will be money to recover.

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