If my employer forgot to deduct my health insurance from my paycheck for the past 3 months, do I now have to?
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If my employer forgot to deduct my health insurance from my paycheck for the past 3 months, do I now have to?
Asked on May 2, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you were provided the health insurance coverage, you have to pay for it. The fact that the employer forget to deduct it at the time does not prevent it from seeking the money from you now, just as if it had forgotten to pay you for three months and you had not complained about it at the time, you could still seek your wages or salary now; not noticing an error or shortfall at the time does not preclude someone from seeking payment later.
Therefore, your employer can expect you to pay the amounts you should have previously paid for health insurance, and could take legal action (e.g. sue you) if you do not.
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