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Withholding Money From Check

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colquhoun

Junior Member
There is friend of my girlfriend that is working in the same daycare as she is, in OK. She started in Dec. of 2004. She was promised that insurance was to be provided. She had to go to the doctor several times between Dec. 2004 and April 2005. Each time that she went to the doctor she still was uninsured. She found out that the school had not been paying for her insurance out of her check, but they were including the money for the insurance, provided by the State of Oklahoma, on her check for those months. Now, they are taking money out of her check and telling her that she has to pay the money allocated by the state, for her insurance, back to the school. I thought that they either owe her the insurance for those months or the money. Can they legally take the money out of her check for that?
 


Beth3

Senior Member
I haven't a clue what was going on with your friend's paycheck (she was receiving money from the State??? Huh?) but I suggest your friend contact Oklahoma's Department of Labor and discuss the situation with them.
 

colquhoun

Junior Member
State Funding

The State of Oklahoma sends money to the school district to be used for the teachers' insurance. The school wasn't taking the money out of her check for her to have insurance. Now they are saying that she owes them for the insurance money that was on her check, that they didn't take out for insurance. The money was put on her check from the state for her to have insurance though. The district just never got her insurance because of lack of organization skills.
 

Beth3

Senior Member
So in Oklahoma, the way this works for teachers is that the State subsidizes their health insurance, at least in part. That money is put ON the teacher's paychecks and then the employer turns around and makes a deduction for the premiums. That's plenty goofy unless the stipend from the State is taxable income to the teachers but that's not relevant to the topic at hand.

What happened is that because the school didn't initiate her enrollment in the health insurance plan timely, the insurance stipend from the State became extra take home pay for the friend. Since this is public funding, I can't imagine that the school has any option but to make the appropriate deductions from her pay to square things up. The friend isn't entitled to extra take-home pay for those months just because the school is lousy at administration.

I'm not agreeing with how poorly this has all been handled but I really doubt the employer is doing anything unlawful. Given what a mess this entire situation is and that the friend was not offered participation in the health insurance plan timely, I'd certainly suggest she file some sort of internal grievance or complaint with the Principal, school board, or whomever the appropriate entity is. I do find it rather odd that the friend, who knew for months that she wasn't insured, never went to administration to get this straightend out long ago however.
 

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