I received my last paycheck and noticed my wages was deducted around $760 for FSA deductions that I used before my termination date. Leaving me with nothing. Can my employer deduct that amount? And can they do it without my permission?
They can do it only if the plan provides that they can (and this is very rare in my opinion). Since most plans are boiler plate, my guess is that the plan does not have the language necessary to allow this. Make a claim that they do not have the right to recapture the $760. The plan will hem and haw, but they have to demonstrate that the plan has the appropriate language.
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