Can an employer keep wages from final paycheck for health insurance without my acknowledgement?
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Can an employer keep wages from final paycheck for health insurance without my acknowledgement?
I paid 62.46 every Friday,payday, for medical, 13.65 for
dental vision. I was fired on 09-19-17, a Tuesday. I got my
final paycheck on 09-20-17. My employer took 187.38 for health
and 40.95 for vision. Are they allowed to do that? I never
agreed to it or was it ever even mentioned at any time that
upon termination we are going to keep x amount of your money.
Do i have any recourse available to me?
Asked on October 27, 2017 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the additional amounts taken out were for the insurance costs for the rest of the month (as they may be, based on the numbers you cite), then this was legal. Even though you have the deductions made weekly, the insurance is actually prepaid at the beginning of the month. If your employment was being terminated mid-month, the employer would not be able to recoup your share of the month's insurance from weekly checks (since you stopped working mid month), but rather would have to take a larger share out of your last check. They would be entitled to do that, since regardless of when during the month your employment ends, you have to pay for your share of the insurance for the whole month.
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