If my employer deducted money from my check for healhcare that I rejected during open enrollment, how do I get my money back?

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If my employer deducted money from my check for healhcare that I rejected during open enrollment, how do I get my money back?

My employer said that they can’t give me back the money because the insurance company won’t return the money. I signed a form rejecting my employer’s healhcare plan, instead choosing to go on my husband’s.

Asked on December 5, 2011 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assuming you provided the forms correctly to your employer, it doesn't matter  whether or not the insurer will return the money--the employer either intentionally or negligently took money from you which it was not entitled to, and therefore it is your employer that must return it. Whether or not they later get it back from their insurer is between them and the insurance company. That said, if your employer will not voluntarily repay you, you would need to sue them for the money--and since suing your employer can have serious consdequences, you should think carefull about whether you want to do that.


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