I was laid off and my final paycheck had medical and dental premiums withheld, how do I get this money refunded?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I was laid off and my final paycheck had medical and dental premiums withheld, how do I get this money refunded?
Since our premiums are paid a month in advance, how do I get this money returned? The insurance was cancelled at the end of the month. The owner was contacted but he said this would be looked into after the current audit.
Asked on June 2, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you had been dealing directly with the insurer, you'd look to them for the refund. In this case, you need to look to your employer, since your employer was the one who debited the money from your checks and then paid the net amount for all the employees to the insurer.
If the employer doesn't pay, you can try your state labor department, to see if they or perhaps the division of insurance will help you. As a practical matter, they may not--this is likely a small matter for understaffed, overworked agencies. You could also bring a legal action, including one in small claims court (no need for a lawyer; cheaper and faster). You'd probably sue on the basis of breach of contract--money was taken per the implicit employment agreement between you and your employer (they provide medical, etc. for you for working there), but you didn't get the agreed-upon insurance.
Technically, they needed to pay in full in your last paycheck. As a practical matter, IF they expect to be done with the audit very shortly, you may wish to give them BRIEF period of time to examine thhe issue. But if you're talking for than a week or two more, you may wish to file the lawsuit to make sure you preserve your rights (assuming they don't pay in the interim).
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.