Paycheck issue, possible garnishment

[KevinG87124]

What is the name of your state? New Mexico

I work for an international company whose main office is located in California. My home office is in New Mexico.

I was on an extended leave of absence, mostly covered by short term disability. Some of the time was unpaid, during that time, my employer continued paying my insurance premiums (5 months, approximately).

I recently returned to work and noticed my first check was $23.08, which is a standard reimbursement for my internet connection. I had no additional pay. I was just paid tonight and upon checking my online pay stub, I find the same NET pay of $23.08; however, my gross was over $1000. With exception of the $23.08, my entire pay, minus taxes, was withheld under "Pre-tax deductions" and is labelled Health Insurance. So essentially, they are withholding my entire paycheck for past insurance premiums. I did not agree to this schedule of re-payment and I am inquiring of the legality of them taking my entire paycheck. I find it not only unreasonable, but unethical for an employer to, without announcement, withhold my entire paycheck.

That said, I am inquiring on the legality of this practice and what recourse I may have.

Thank you,
Kevin

 

[cbg]

When you contacted your Payroll department and inquired of them what had happened and whether or not it was a clerical error, what did they say?

 

[Zigner]

I'll bet that you signed a document allowing your employer to deduct your health insurance premiums from your paycheck(s). It's on every health insurance application that I can remember. Yes, that is legal.

 

[adjusterjack]

Read the disability plan, coverage, policy, contract and see if it had Waiver of Premium. Not sure that group disability has it but it's worth a look.

 

[KevinG87124]

When you contacted your Payroll department and inquired of them what had happened and whether or not it was a clerical error, what did they say?

I contacted HR this morning and they said since I owed the money for the past insurance, they just took it. So, bills will have to wait I guess, so the recently bragging trillion dollar company can some how manage to make ends meet this week. I found that here in NM, the max garnishment is 25%, to me that is fair. I still question the legality of this and if nothing else, for my company to even consider surreptitiously taking entire pay checks shows it's lack of commitment to it's employees. Very few people can work solely for pleasure. If there truly is no law protecting laborers from this unscrupulous tactic, there certainly should be.

 

[PayrollHRGuy]

This isn't a garnishment, so none of the laws regarding garnishment apply. You were receiving disability while the company was making these payments to the carrier. You could have put aside the insurance amount.

If you think there should be a cap by law on such deductions contact your state and/or legislators.

 

[eerelations]

This isn't a garnishment, so none of the laws regarding garnishment apply. You were receiving disability while the company was making these payments to the carrier. You could have put aside the insurance amount.

If you think there should be a cap by law on such deductions contact your state and/or legislators.

Agree. This is not a garnishment.