Taking my whole paycheck to pay arrears of health coverage premiums

Get Legal Help Today

 Secured with SHA-256 Encryption

Taking my whole paycheck to pay arrears of health coverage premiums

I fractured my leg Aug. 31 2016 and went on on FMLA, then STD, then LTD. I initially signed paperwork saying accrue my part for medical premiums until I get back. I did not realize that I would still be out 2.5 years later. Now I am back. They are taking my entire paycheck and applying it to the arrears. The current deductions for current medical premiums that should be deducted from my pay now they are now deducting, they are putting those in arrears currently. Is this legal? Do I have ANY legal recourse? I don’t dispute I owe the past due money…..but how will I ever get from under. I have yet to get a balance from them after 4 weeks, they keep telling me it’s under review. Then they tell me they have to meet with supervisors, but it is the policy and the system. Please let me know

Asked on January 11, 2019 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, they cannot simply take your paycheck even for debts you legitimately owe them without either your consent or a court order (such as one for wage garnishment, such as might be obtained ofter suing you and winning). So it is illegal to take your check and apply to your arrears. You could sue them for the check or bring a complaint to the department of labor.
What they can legally do is sue you for all the money you owe them.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption