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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114800
Experience:  20+ Years of Employment Law Experience
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I have elected to have flexible spending account in the

Customer Question

hello my name is Robin
I have elected to have flexible spending account in the amount of 1800.00 in june of theis year so my employer sumitted the paperwork to chard snyder and my employer was supposed to be withdrawing from my paycheck 150.00 every two wks 11/30/15 my hr diector calls and states that i havent mad any contributions to my flex account when i was under the impression that as they did before with drew if with my other benifets now they are wanting me to pay 1800 when i havent even use 1800.00 i have 356.00 if the money they payroll dept didnt do what they was supposed to do so should i be held accountable
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were enrolled in the FSA and never used the FSA and the employer never deducted money for the FSA, then you could legally inform the employer that since you did not get any benefit from the FSA and that they were negligent in setting up the funding of the FSA that they are in breach of contract and as such you are terminating the agreement to participate in the FSA. However, if you want to continue participating in the FSA and they did not properly withdraw your payments into the FSA, then you would need to make those payments up in order to continue your participation.