• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Collecting for past years benefits?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bjc

Junior Member
What is the name of your state (only U.S. law)? Minnesota

My employer told me they forgot to increase my dental benefit deduction for the year 2011 -2012 and would be deducting the amount due from an upcoming paycheck - is this legal??
 


cbg

I'm a Northern Girl
Why shouldn't it be? Granted, it was their mistake, but why should you benefit from their mistake?
 

swalsh411

Senior Member
The least they can do is spread it out over several pay checks.

Whether or not you could refuse would depend on whether or not you were told what the amount of the deduction would be, and they took out the wrong amount, or you were told the amount of the deduction was the lower amount at the time you signed up for the insurance but it was really a higher amount.

Keep in mind they could fire you if you refuse.
 
Last edited:

cbg

I'm a Northern Girl
Since this is a "for the benefit of the employee" deduction, I can't think of a set of circumstances where the employee would have the legal right to refuse. Granted, I agree that the employer *should* ethically break it down over several paychecks, but legally, there is nothing that requires them to.
 

swalsh411

Senior Member
Except that if the employee was told when they signed up for the insurance plan that the deduction would be X and then a year later they were told it really should be XX. On the other hand it's entirely possible the employee was told the correct deduction and for some reason it wasn't withheld. Two different scenarios.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top