Can my employer claim I need to reimburse them for insurance claims they have paid for the last 2 1/2 years when they issued me the insurance card?

UPDATED: Dec 28, 2011

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Can my employer claim I need to reimburse them for insurance claims they have paid for the last 2 1/2 years when they issued me the insurance card?

My employer just discovered that they have not been with holding my insurance payments from my paycheck for the last 2 1/2 years. During downsizing I was changed from salary to hourly and that is when they claim the problem started. I have direct deposit and do not look at my pay stub unless I want to view vacation hours available. They have issued an insurance card to me each year. Can they hold me responsible claims they paid ($7,000) during a time they forgot to deduct my insurance premium from my paycheck even if I have agreed to repay the amount ($3,000+) they did not deduct?

Asked on December 28, 2011 under Employment Labor Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, your employer can make a claim against you for reimbursement for insurance premiums that it failed to dedcut from your payment checks each pay period that you were responsible for. The issues are were you aware that the insurance premiums were not being paid by you during this time period? If so, did you advise your employer of this? If not why? Should your employer bear the costs for these insurance premiums that you presumably had agreed that you would be responsible for?

I suggest that you make an offer to reimburse your employer for these costs that it incurred for you over time. From what I see, you would be responsible for these costs to be reimbursed to the employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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