What to do if my employer has been paying my health insurance premium but has not been deducting it from my paycheck?

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What to do if my employer has been paying my health insurance premium but has not been deducting it from my paycheck?

This has been going on for 3 years but I never noticed. Am I liable for the full amount of the paid premium?

Asked on December 17, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you are liable for all the premiums they should have taken out. A mistake in not charging someone does not deprive the employer of the right to the money; you are obligated, by the terms of your employment and the coverage to pay, and also you received the benefit of having the coverage, which also obligates you to pay under the theory of "unjust enrichment" (that is, you would be unjustly, or unfairly, enriched if you could get coverage without having to pay for it).


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