I did the payroll and did not deduct the health insurance amount from my paychecks now can not pay back what can they do?

So I did not deduct health insurance from my paycheck. This was an oversight on my part. I agreed to pay back the amount (since I'm no longer with the company) however the payment amounts they want I can not afford. They are considering taking legal action. What type of action could this be? What are my options if any? Thank you
Answer this question Add to list

Answers (2)

Steven Alan Fink

Steven Alan Fink

Contributor Level 8
They can file a small claims lawsuit if the amount owed is less than $7500. They are not entitled to attorneys fees in small claims, although they will be entitled to interest at the legal rate of 10%. Pay them what you can afford. Even a small claims judgment will provide for affordable monthly payments.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
1 0
Michael Robert Kirschbaum

Michael Robert Kirschbaum

Contributor Level 5
Make them an offer for repayment you can live with. If that is not acceptable to them, tell them, they can go through the cost of a lawsuit and get a judgment for the same amount you are already agreeing to pay back and still be faced with the same issue, how are you going to pay it? Most reasonable people will work with you. If they want to be unreasonable, there is nothing you can do about it.
1 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Ethics / Professional Responsibility Resources

Top Employment Contributors

1.
Alan James Brinkmeier
Contributor Level 10
70 answers, 0 legal guides
2.
Steven Alan Fink
Contributor Level 8
16 answers, 0 legal guides
3.
Carlos Gonzalez
Contributor Level 7
17 answers, 0 legal guides
View all Employment Lawyers on the Contribution Leaderboard