What can I do if my employer is taking money out of my weekly paycheck for insurance for my wife and children but they are not currently insured?

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What can I do if my employer is taking money out of my weekly paycheck for insurance for my wife and children but they are not currently insured?

They said that they needed their birth certificates by a certain time but I couldn’t provide them with the documentation in time. Yet, they are still taking money out weekly and told me that they would not provide them with insurance until the next sign up period next week. I have offered to bring in the paperwork but they said I have to wait until next year. Is it legal for them to take money out of my checks weekly if they refuse to provide them with insurance at the time?

Asked on July 21, 2015 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, this is NOT legal: they cannot take money out of your paycheck without your consent, and they also cannot take it out for a benefit (insurance) without providing this benefit. Not only is this something you could sue about, to recover the money they took out without providing you the benefit, but it may even qualify as a form of theft (i.e. knowingly taking money belonging to you), for which you could contact the state agency which regulates insurance or even possibly the police. Your employer should repay you the money taken out immediately; if not, you could consider either civil legal action or contacting the authorities. If you contact the authorities, start with either the insurance regulators or the labor department and see if they can help resolve this and what they recommend before possibly escalating to the police.


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