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We recently hired a new office manager. After going through everything on Aflac and payroll the office manager discovered that I owe the firm: XXXXX XXXXX– the firm has been paying $116.83 for her policy since June 2006; yet, the firm only collected $35.10 ($17.55 per pay period) per month for a difference of $75.96 x 80 months = $6,076.80 due to the firm There were 3 others who owe money, however, since two of them are shareholders and one of the shareholders owes $10,000.00 they decided they would let him slide. However as for me and the receptionist we were told that we had to pay. What is the law regarding this? Should I hire a lawyer?
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Your employer is entitled to payment for any insurance premiums you contracted to pay as part of your benefits plan. In Texas the statute of limitations on debt is four (4) years. You may be able to reduce the obligation, but you cannot eliminate the obligation owed entirely. An attorney may be able to negotiate a better deal as a complromise. This could cut down the amount you significantly.
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They can choose and select who should pay?
Yes, unless the selection is based on some illegal discriminatory practice e.g. if all women pay more, or older folks (over 40) pay more then that is illegal. You employer can decide to forgo the debts of some employees because they are more valuable that is legal discrimination.