I started a new job in 2015

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Andalusia
@Andalusia
11 Years5,000+ Posts

Comments: 372 · Posts: 6468 · Topics: 165
Was hired on with a temp agency in May and then made an official, full time employee in August of the company I was placed with.

When I was made a full time employee of the company, i signed up for full benefits (i.e. health, dental, eye insurance in addition to part time and full time disability, 401K, etc). I received my insurance cards in the mail shortly thereafter.

However I just looked at my most recent paycheck stub and suspected they hadn't been deducting my insurance or other premium amounts.. My checks are direct deposited, so I never bothered to look at the stubs before. I called HR to confirm:

1. Whether my assumption was correct, and
2. Whether I had in fact been enrolled in insurance.

They checked with payroll and then called me back to let me know I was in fact enrolled, but that the premiums had indeed not been being deducted from my check. HR then informed me the problem had been fixed going forward and that the payroll supervisor would be contacting me on Monday regarding "my missed insurance payments".. leading me to believe they intend to take the missed payments out of my upcoming check(s).

My question is - can they do that? Is that legal? I didn't use my insurance last year. And it's their mistake; should I have to pay for their piss poor oversight?

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Andalusia
@Andalusia
11 Years5,000+ Posts

Comments: 372 · Posts: 6468 · Topics: 165
Posted by cheekyfaerie
This may be one of those things that vary by state, but I'd say yes. Even if you didn't use the service, it was there for you to use.
I would be paying the company back though, not the insurance company. If the insurance company hadn't been receiving all their money, I wouldn't have had to being it up - I would have heard something before now. I believe the company pays all the premiums up front and then just recaps the cost from the individual. At least that's my understanding.

It was their fuck up all the way around and I brought it to their attention. I didn't use the service in 2015, so it should be a wash as far as I'm concerned.

I'm just wondering what the legal standpoint/precedent is for something like this?
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Andalusia
@Andalusia
11 Years5,000+ Posts

Comments: 372 · Posts: 6468 · Topics: 165
Posted by Andalusia
Posted by cheekyfaerie
This may be one of those things that vary by state, but I'd say yes. Even if you didn't use the service, it was there for you to use.
I would be paying the company back though, not the insurance company. If the insurance company hadn't been receiving all their money, I wouldn't have had to be the one to bring it up - I would have heard something before now. I believe the company pays all the premiums up front and then just recaps the cost from the individual. At least that's my understanding.

It was their fuck up all the way around and I brought it to their attention. I didn't use the service in 2015, so it should be a wash as far as I'm concerned.

I'm just wondering what the legal standpoint/precedent is for something like this?
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Fixed
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truecap
@truecap
13 Years10,000+ Posts

Comments: 8 · Posts: 20090 · Topics: 685
Posted by Andalusia
Was hired on with a temp agency in May and then made an official, full time employee in August of the company I was placed with.

When I was made a full time employee of the company, i signed up for full benefits (i.e. health, dental, eye insurance in addition to part time and full time disability, 401K, etc). I received my insurance cards in the mail shortly thereafter.

However I just looked at my most recent paycheck stub and suspected they hadn't been deducting my insurance or other premium amounts.. My checks are direct deposited, so I never bothered to look at the stubs before. I called HR to confirm:

1. Whether my assumption was correct, and
2. Whether I had in fact been enrolled in insurance.

They checked with payroll and then called me back to let me know I was in fact enrolled, but that the premiums had indeed not been being deducted from my check. HR then informed me the problem had been fixed going forward and that the payroll supervisor would be contacting me on Monday regarding "my missed insurance payments".. leading me to believe they intend to take the missed payments out of my upcoming check(s).

My question is - can they do that? Is that legal? I didn't use my insurance last year. And it's their mistake; should I have to pay for their piss poor oversight?
Yes, I think they can do that. Probably what happened is the company was paying your portion of the premiums and since, yes, you were covered and could have used the insurance (even though you didn't, you did have the benefit), they want to be reimbursed for what they spent. It's fair and it's legal.
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truecap
@truecap
13 Years10,000+ Posts

Comments: 8 · Posts: 20090 · Topics: 685
Posted by Andalusia
Posted by cheekyfaerie
This may be one of those things that vary by state, but I'd say yes. Even if you didn't use the service, it was there for you to use.
I would be paying the company back though, not the insurance company. If the insurance company hadn't been receiving all their money, I wouldn't have had to being it up - I would have heard something before now. I believe the company pays all the premiums up front and then just recaps the cost from the individual. At least that's my understanding.

It was their fuck up all the way around and I brought it to their attention. I didn't use the service in 2015, so it should be a wash as far as I'm concerned.

I'm just wondering what the legal standpoint/precedent is for something like this?
click to expand

Sorry, but it doesn't work that way.

It's like having car insurance, then wanting a refund because you didn't need it. Not going to happen.
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Andalusia
@Andalusia
11 Years5,000+ Posts

Comments: 372 · Posts: 6468 · Topics: 165
Posted by WhiteChocolate
Just checked with HR friend and yes...they can recoup it. It's your responsibility to review your pay stub and report any errors.
I'm sure you all are right and I will have to pay it. I'm just pissed and venting at this point.

The onus for reviewing any errors is on both parties. I reviewed the list and amounts of what I authorized to have deducted. It is their job to deduct said amounts. Maybe I should start bringing toilet paper so I csn wipe their ass for them too.

I have direct deposit, so I don't see my actual check stub unless I log in at work and specifically go in and pull it up.
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Damnata
@Damnata
15 Years25,000+ PostsVirgo

Comments: 252 · Posts: 36418 · Topics: 473
Posted by Andalusia
Posted by Andalusia
Posted by cheekyfaerie
This may be one of those things that vary by state, but I'd say yes. Even if you didn't use the service, it was there for you to use.
I would be paying the company back though, not the insurance company. If the insurance company hadn't been receiving all their money, I wouldn't have had to be the one to bring it up - I would have heard something before now. I believe the company pays all the premiums up front and then just recaps the cost from the individual. At least that's my understanding.

It was their fuck up all the way around and I brought it to their attention. I didn't use the service in 2015, so it should be a wash as far as I'm concerned.

I'm just wondering what the legal standpoint/precedent is for something like this?
Fixed
click to expand

We have editing now 😛