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Unauthorized deduction afree being fired

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stressedoutNJ

Junior Member
Okay, if you can calm down and answer a few questions, maybe we can get to the bottom of whether it's legal or illegal. I can tell you that it is not inherently illegal, in that there isn't a law that prohibits an employer from charging the full payment from the law check. But there are laws that have to be followed, which may vary by employer and even within the same employer, by situation, so let's see what we can figure out. They are WELL within the time in which they have to give you any information about coverage dates; you'll get it eventually but they are a very long way from being illegal yet as far as that goes.

To begin with, how many employees does this employer have? Are all the employees in NJ or are some in other states?

Do you have a copy of the SPD?

Let's start with those and go from there.
I am calm --- just trying to stress that there are many inconsistencies here. After I spoke to the insurance company and could not get any information --- i reached out to him asking to confirm dates or coverage and if he could provide any documentation from the insurance company. He refused. All that I have is a barely legible note he put on the bottom of my paystub next to the amount he deducted for the insurance.


All employees are in NJ and there are less than 20. I'm not sure what an SPD is...?
 


cbg

I'm a Northern Girl
Summary Plan Description. They are required by law to give it to you, if you ask.

The law requires that you be given information about dates of coverage, but there is a specific timeframe they have to provide it and you are still well within it.
 

stressedoutNJ

Junior Member
No, he refuses to give me any information about the health insurance. When I called the insurance company I asked that they send me a copy of this summary plan description, I was calling it a benefit package. They send they would only send to the group administrator, which is the owner, not me.
 

cbg

I'm a Northern Girl
You need to call it a Summary Plan Description. The law requires that you be granted a copy of the SPD on request. The law does not require that you be sent a "benefits package" on request.
 

stressedoutNJ

Junior Member
You need to call it a Summary Plan Description. The law requires that you be granted a copy of the SPD on request. The law does not require that you be sent a "benefits package" on request.
He just sent me a his version of the summary plan description. He has included a copy of a bill from 3/17 which stated that he paid my insurance for the month of April. Which means that at the time of my termination, I had already paid my portion of health insurance for the month of May. He took out the money stating it was the total cost of my coverage for May (but I had already paid this).
 

cbg

I'm a Northern Girl
Okay, I give up. Talk to a lawyer. Maybe he can get some meaningful information out of you instead of whines.
 

stressedoutNJ

Junior Member
Okay, I give up. Talk to a lawyer. Maybe he can get some meaningful information out of you instead of whines.


I have stated the facts as clearly as I can and left out the emotion as best I can. I appreciate all the input you have had. If there is some information that I have failed to include that would be helpful, I am unaware.
 
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