If health care premiums were not being deducted from my check, can my employer require me to repay the total amount not withheld?

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If health care premiums were not being deducted from my check, can my employer require me to repay the total amount not withheld?

Asked on August 1, 2011 California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This all depends on whether you knew medical premiums were to be deducted from your paycheck. If when you were hired, you informed your new employer that you are participating in the insurance program (some don't because they have coverage elsewhere) and you were informed how much would be taken out, then you should have known that from the first or second paycheck something was wrong and it was equally your responsibility as much as it was your employer's to fix the situatio and make sure the payments were being deducted.  Normally if payments are not made, coverage is not given or continued. So, after you come up with a pay plan to repay the employer or insurance company, make sure you have full medical coverage.


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