• 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.

Health Care Flexible Spending Account

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

knahs

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

I work as a federal government contractor and your employer changes regularly when contracts change. I was with my previous employer over 3 years. Was promoted once and always received excellent performance reviews. However, his company did not manage the contract properly and the government brought in another company which offered me a position and I accepted or else I would have been out of work.

At the time I left, I had overspent my flexible spending account by $144 as I had purchased new glasses about 2 months before - before I knew of any employment offer or change of employment. The old employer is asking for these funds back.

Several people said no I was not required to pay these back and I contacted various web sites (IRS, Employee Relations Board, even the company that managed the FSA) and they all said there was no requirement to repay the funds. Even the old employer said there is no requirement to repay the funds but an honest person would.

The old employer has indicated that since I am not repaying the funds, he is noting in my personnel file that I am dishonest and untrustworthy. I don't feel I am being dishonest. In previous situations other employers have said that it does not have to be repaid.

My questions are:

1. Do the funds need to be repaid?
2. Can he hold me hostage by retaliating in this manner?What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
Not only are you not required to pay this money back, I don't even think they should be asking you for it. If you'd UNDER-spent your contributions, you would not be permitted to get YOUR money back. That's how it works. But he can hold any opinion he wants regarding your character.
 

Find the Right Lawyer for Your Legal Issue!

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