If an employer pays your monthly health insurance premium then you quit, can it garnish wages for that month’s reimbursement for the remainder of the days of the month that you didn’t work?

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If an employer pays your monthly health insurance premium then you quit, can it garnish wages for that month’s reimbursement for the remainder of the days of the month that you didn’t work?

The employer paid for employees’ November health insurance. Employee quit on 11/07. so the employer took out prorated amount that they paid for insurance out of final check. Can they do that?

Asked on February 10, 2017 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Texas does have a payday law which says that employers cannot generally take funds out of your check, except for general state and federal obligations, like taxes. The two exceptions, however, are consent and court orders.  A court order would be for child support or similar obligations.  Consent would be if you signed a document saying you would be the premiums out of your check.  If you did agree for premiums to be paid out of your check, then they can withhold the funds you consented to.  If you do not believe that you consented to the withholding of certain funds, then contact a local office of the Texas Workforce Commission to file a claim for a violation of the Texas Pay Day Law.


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