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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 200
Experience:  Attorney
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If my employer takes money out of my check for insurance,

Customer Question

If my employer takes money out of my check for insurance, but doesn't pay my policies premium for 6 months until the insurance company threatens to cancel my policies, is that legal?
Submitted: 2 months ago.
Category: Legal
Expert:  Bill Attorney replied 2 months ago.

Dear Customer ,

Thank you for your insurance law question today. This is most likely a civil matter rather than a criminal matter. Because civil matters are limited to the fact that some loss is incurred by the plaintiff (yourself) it is hard to sue your employer if you did not in fact suffer a loss, ie could not collect on the insurance policy due to your employer’s actions.

Hence, If you didn’t suffer any detriment due to his failure to correctly pay the policy premiums, bringing a civil suit without proof of damages is not really possible.

Criminally, if it could be proved that your money for the premiums were misappropriated for some other use, then he could be caught within some fraudulent ambit of the law, false accounting, embezzlement or conversion.

There would be evidential grounds for a successful prosecution in one of these area.

Perhaps, the way your employer is most likely to be caught is for breach of contract.

Breach of contract is actionable per se without a need to show damages.

Your local attorney after a full consultation might decide to bring this kind of action after a full review of case law and examination of your contract.

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Attorney Bill

Customer: replied 2 months ago.
if this was done with union dues on occasion also, who would report it too?
Expert:  Bill Attorney replied 2 months ago.

Criminally: You can report it to the union, the local police station, and/or the District Attorney’s Office

As far as a civil suit goes: You hire an attorney in your State.

I can offer a premium service to review your employment contract, there would be an extra charge for this. Please let me know if you would like to avail of this premium service at any time.

PLEASE REMEMBER TO RATE GOOD TO GREAT SERVICE BEFORE EXITING

THIS GIVES ME A CREDIT

Attorney Bil

Expert:  Bill Attorney replied 2 months ago.

Dear Customer,

I see you have yet to rate my answer.

I only get a CREDIT after a POSITIVE RATING

So I encourage you to rate POSITIVELY NOW after receiving an answer.

If you require more information, I'd be happy to supply more when needed.

Best of luck

Attorney Bill