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Can an employer make retroactive deductions for health insurance when deductions were not made because bookkeeper made mistake?

Stratford, CT |

In June 2010, my husband changed health care deductions from single to family and authorized approx $100 to be deducted from pay 2x/mo. We just learner that NO deductions have been made to date. They want to take out $100 for the insurance plus an additional $200 PER paycheck for money they failed to deduct! My husband complained to the union Rep, and they offerred a compromise of "only" $200 perpaycheck. This presents a financial hardship. Do we legally owe all of the back money, and if so, can his employer determine how much is will be deducted from each check?

Attorney Answers 1

Posted

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If your husband's employer provided the benefit of health insurance and if this is something that has been negotiated through a collective bargaining agreement that an employee is responsible for paying a certain amount toward such insurance, even if there is an administrative oversight whereby the monies were not deducted when they may have been required to, such oversight does not preclude the employer from taking deductions for payments not made. If it is a hardship to pay what is being required, perhaps through your union you may still be able to negotiate a lower payment by spreading out what is due over a longer period of time. If this is a problem for you, it may be in your best interest to consult with an attorney.

I routinely handle labor and employment matters. Feel free to check my website and contact me

William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his practice primarily on employment law, personal injury and estate matters. Mr. Lasko, has been in practice for more than 23 years, represents clients throughout New York, Connecticut and Washington, D. C.. More information is available at www.laskolaw.net. This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship.

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Thank you so much for your reply. We will try to work with his employer, but may contact you if we aren't happy with their reply.

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