My employer deducted insurance premiumsfrom my check but din’t pay the insurance company for 6 months.What agency can help me? Do we have any legal r
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My employer deducted insurance premiumsfrom my check but din’t pay the insurance company for 6 months.What agency can help me? Do we have any legal r
The premiums for my and all the other employees was deducted from our checks for our Aflac insurance and later we found out that the employer hadn’t paid the insurance company for 6 months. Also discovered that for one month possiblty two, premiums for our medical insurance was deducted and wasn’t paid to the insurance company. Several of us now have Dr., hospital, and pharmacy bills that weren’t covered.
Asked on June 17, 2009 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You employer stole from you if they took your money and did not pay the premiums. You should retain an attorney (which you can do together with other employees to share costs) and bring a lawsuit against your employer to recoup both the money you paid for insurance and also to be covered for the medical claims. You might also consider reporting this to the police--again, it *is* theft to take employee money without providing the benefit.
If the insurance company was not paid, they are an innocent party and do not to honor claims made during the period the premiums were not paid, so they are not someone you can proceed against.
You should, if at all possible, pay the Dr., hospital, and pharmacy bills, then seek reimbursement from your employer, including by lawsuit. The medical professionals and providers did what they are supposed to and provided medical services; they have a right to be paid, and if they are not, can proceed to collections against you, which may result in credit score damage, your being sued, etc. Since they have a right to their money, pay them and get it back from the guilty party, your employer.
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