Employer failed to enroll FSA

[blkolo]

11.8.2009
I am employed in Maryland (Corporate HQ in Texas)
I signed up for both Dependent Care and Health Care FSA plans as new hire last year. My employer received paperwork and even tweaked the appropriate FSA payroll deductions based on my goals.
After the fiscal year, I submitted my claim a few weeks ago of $5750 and found my employer never setup the enrollment. I am relying on that $5750 for the end of the year and $5750 off my taxable income.
I never noticed lack of deductions as I was a new hire. I do have a copy of new hire documents that corporate received.
So far, employer's response is "sorry"
What recourse do I have?
What should I tell my employer my expectations of compensation should be?

 

[ecmst12]

No recourse. You should have paid attention to your deductions. You can now add that money to your deductions at tax time.

 

[blkolo]

What do you mean "You can now add that money to your deductions at tax time."

 

[ecmst12]

When you file your taxes, you can itemize those deductions. If you normally use the EZ form, you probably want to talk to a pro to see if it will be worth it, see if you have any other deductions you can take.

 

[blkolo]

Oh - you meant if there were deductions, to itemize...

 

[ecmst12]

The money that you were going to claim from the nonexistent FSA can be deducted from your income when you file your taxes.

 

[pattytx]

The money that you were going to claim from the nonexistent FSA can be deducted from your income when you file your taxes.

Yeah, but only the extent the expenses exceed 7.5% of AGI.