What to do if insurance premuims are being deducted from a paycheck but not paid over to the insurer?

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What to do if insurance premuims are being deducted from a paycheck but not paid over to the insurer?

My husbands employer carries dental insurance with a buy-up for the family. We participate in the buy-up but found out that the employer has not paid the bill since in over 2months, yet his employer is continuing to take out the premium. What are my options?

Asked on October 2, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could sue the employer--it is illegal to take premiums out but not provide the insurance; depending on the exact circumstances, it is variously breach of contract or theft. You could sue 1) to recover any premiums taken out; 2) to force the employer to provide the coverage; and/or 3) to get the company to pay for any procedures which you had done which should have been covered by insurance. One option is to sue in small claims court, acting as your own attorney. You could also try contacting your state Department of Labor, to see if they will help you or will  refer you to some other government agency which can.


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