Taking my whole paycheck to pay arrears of health coverage premiums
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Taking my whole paycheck to pay arrears of health coverage premiums
I fractured my leg Aug. 31 2016 and went on on FMLA, then STD, then LTD. I initially signed paperwork saying accrue my part for medical premiums until I get back. I did not realize that I would still be out 2.5 years later. Now I am back. They are taking my entire paycheck and applying it to the arrears. The current deductions for current medical premiums that should be deducted from my pay now they are now deducting, they are putting those in arrears currently. Is this legal? Do I have ANY legal recourse? I don’t dispute I owe the past due money…..but how will I ever get from under. I have yet to get a balance from them after 4 weeks, they keep telling me it’s under review. Then they tell me they have to meet with supervisors, but it is the policy and the system. Please let me know
Asked on January 11, 2019 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, they cannot simply take your paycheck even for debts you legitimately owe them without either your consent or a court order (such as one for wage garnishment, such as might be obtained ofter suing you and winning). So it is illegal to take your check and apply to your arrears. You could sue them for the check or bring a complaint to the department of labor.
What they can legally do is sue you for all the money you owe them.
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