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I work in Milwaukee, Wisconsin. My employer and I have and…

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I work in Milwaukee, Wisconsin...
I work in Milwaukee, Wisconsin. My employer and I have and contribute to my HSA account. I was informed by my employer this year that my contributions last calendar year (amounting to $570) to my HSA were not actually taken out of my check (instead they had been taking "my" contribution from a company account.) They discovered this late in the year - and on all my check stubs (while I could see what I believed was a $25 contribution from my check into my HSA) it was "behind the scenes" not coming from my check. They now, of course, want me to pay that money back. My question is am I legally obligated to do so? If I don't can they dock my check for the amount? Do I have any options?
Submitted: 8 years ago.Category: Employment Law
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Answered in 27 minutes by:
6/16/2010
Employment Lawyer: Barrister, Lawyer replied 8 years ago
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 43,116
Experience: 17 years practicing attorney
Verified

Hello,

.

The employer would have the legal right to recover the funds they paid on your behalf under the doctrine of "unjust enrichment". Unjust enrichment means when a person unfairly gets a benefit by chance, mistake or another's misfortune for which the one enriched has not paid or worked and morally and ethically should not keep. A person who has been unjustly enriched at the expense of another must legally return the unfairly kept money or benefits. Unjust enrichment is an equitable doctrine applied in the absence of a contract and used to prevent one person from being unjustly enriched at another's expense.

.

So with that in mind, I would talk to the employer about working out some type of agreement where they would deduct some portion from each paycheck until it is reimbursed.

.

.

Thanks.

Matt

 

 

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