Can the employer take back payment of medical premiums?
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Can the employer take back payment of medical premiums?
My Company was bought out in July and I caught the fact the the Medical was not being taken out of my pay check in Oct. It amounts to 1091 and they want it paid back by the end of the year. Is this even legal when it’s not even my fault? I was honest and was the one who caught it. They want to take it out of my pay check as well.
Asked on October 19, 2019 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You do have to pay it. The law is very clear that you if you were required to pay somerthing--e.g. the premiums--for a benefit and receive the benefit (the coverage), then if the payment was not taken from you for any reason (even the other party's error or oversight), you are contractually obligated to pay it. If you don't repay or agree to a payment schedule they accept, you can be sued for the money.
Whose error it is is completely and utter irrelevant. Consider: suppose that you sold your car to someone for cash and let them have the keys without making sure you had the money. Even though it was your error, in giving over the keys without payment, the buyer could not keep the car without paying for it: were you to discover your error and sue him for the sale price, you'd win and get it. The same principal applies.
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