Employer failed to collect health insurance payment from my biweekly checks. I had no

[Luckywisconsin]

What is the name of your state (owinly U.S. law)? Wisconsin

 

[quincy]

What is the name of your state (owinly U.S. law)? Wisconsin

Luckywisconsin, you can add your legal question to your original post by using the "edit post" feature found at the bottom, or you can simply "reply to thread" and add your question that way. Thanks.

 

[Luckywisconsin]

Continued

What is the name of your state (owinly U.S. law)? Wisconsin

I had notified my supervisor at the start of the new year that my insurance deduction was not being taken from my by-weekly paycheck, and was told it would be corrected. The premium was paid by my employer, but after numerous notifications to my supervisor and her supervisor, no deduction was taken. Today (11 months later)my supervisor tells me that the "missing" health insurance deductions will be taken out of my next check. The deduction will leave me with a payroll check under 20 dollars. I was told since the company had paid my premium over the 11 months, I had to pay my share before the end of the year, and they would not make the deduction spread out over time, as the deduction form I signed stated. Suggestions needed to work with employer to have a payment option over time, since error was brought to their attention numerous times, and they neglected to correctly follow my signed payroll deduction.

 

[FlyingRon]

Alas, they're probably right. You should have been saving up those omitted withdrawals for this eventuality.

 

[eerelations]

Alas, they're probably right. You should have been saving up those omitted withdrawals for this eventuality.

Yes, really, why did you spend all that money that you knew should belong to the insurance company?

 

[cbg]

It's a shame that your employer handled this so poorly and that you are being affected by their mistake.

That being said, to the best of my knowledge payment plans spread out over time are not an option since it would involve crossing plan years. The corrections need to be made during the same plan year as the error.

 

[Luckywisconsin]

Alas, they're probably right. You should have been saving up those omitted withdrawals for this eventuality.

I do have the bi-weekly insurance deduction in a savings account, so it is not the idea that I have to pay what is owed, it is the lack of follow through by my employer after 20 notifications that the deduction was not being taken in those 20 bi-weekly checks, and they chose to wait until the end of the year to correct the error. Also, the bi-weekly deduction was to be a pre-tax deduction and I have been told this single deduction will be post-tax. So my question is, an employer can ignore a signed payroll deduction and 20 verbal and 20 email notices that the deduction was not made snd basically do whatever they want to collect the authorized deduction they failed to make, and not follow the pre-tax deduction. I thought there was a law that a payroll check can not be less than the minimum wage x the number of hours worked.

 

[ecmst12]

The deduction should still be pre-tax.

 

[cbg]

There are exceptions to that rule; one of them is when the deduction is for the benefit of the employee. Which health insurance is.

There isn't any kind of law that allows you to profit from their mistake, like getting free insurance for example.

 

[FlyingRon]

You were the one who was griping about a small paycheck. That's why we responded the way we did.

. Also, the bi-weekly deduction was to be a pre-tax deduction and I have been told this single deduction will be post-tax.

It should not be. Check again to make sure they have understood that.

So my question is, an employer can ignore a signed payroll deduction and 20 verbal and 20 email notices that the deduction was not made snd basically do whatever they want to collect the authorized deduction they failed to make,

They could deduct the health insurance every December 31 as far as the law is concern. There's no requirement for it to be done periodically.

and not follow the pre-tax deduction.

There's no requirement that it be pre-tax either, but you can probably assert that if that is what you signed up for or if they would do so pretax in the ordinary case, that you have a contract (implied or explicit) that yours would be done that way as well.

I thought there was a law that a payroll check can not be less than the minimum wage x the number of hours worked.

You thought wrong. Nearly everybody working minimum wage ges a check smaller than the minimum wage x hours worked. At the minimum they have the SS tax withheld (except for the tiny few that are exempt). The employer can't "dock" you down below the minimum wage, but withholding for taxes and any benefits you've signed up for certainly are fair game to reduce your check.

 

[Luckywisconsin]

The deduction should still be pre-tax.

Thanks for the info