How do I proceed if a former employer is withholding my flexible spending account for dependent care and medical care?

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How do I proceed if a former employer is withholding my flexible spending account for dependent care and medical care?

For the flexible spending year ending last year, I have about $3000 in valid medical/dependent care claims. The administrator has approved the expenses. However, my former company has not sent them the funds to reimburse these expenses. I left my employer 15 months ago.

Asked on October 4, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whenever anyone withholds money which is owed to you, your recourse to get it is to sue them. You should contact an attorney immediately and look to file a suit as soon as possible, because there are time limits, called statutes of limitation, to being law suits, and if you wait too long, you will be unable to take action. The attorney can also review any/all documentation regarding the flexible spending money with you, to make sure that you have complied with all the terms and conditions necessary to get the money--that is, before initiating the suit, it's a good idea to review the situation and see if there  is any legitimate or valid reason why the company has not released the funds to you. For more than $3,000, it is worth consulting with an attorney, rather than trying to file a lawsuit on your own. Good luck.


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