Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My name is ***** *****. I was full time employed with the…

Customer Question
My name is *****...

My name is ***** *****.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I was full time employed with the company and several months ago we changed it from full-time contract with all the benefits, to a part time "pay for service" The new contract was NOT done and instead they placed only an addendum to the initial contract - stating that from that date on I will be paid per my services provided only, and without any benefits, health insurance, retirement etc . The monthly monies paid to me did appear high but I taught that it is pre-tax now, plus the part time work is without any benefits paid...Plus they switched payments from initial bi-weekly to monthly payments, so it seemed to explains it. It turned out that my employers financial department kept following the initial contract and we're paying my all FIT, medicare, health insurance etc (even though I started paying for my my own health Insurance as well (under Cobra policy) not knowing that we both are paying for the same thing and what was going on... "Pay for service" addendum which I thought will be pre-tax (I guess) just ended calculated within the after-tax total amount..Now my employer wants money back, and they are talking about more money that even ever reached my bank account for that period of time (?!) I have no idea how to even calculate what is what..My guess is that the non-cancelled initial contract and the addendum was the main problem, but it is just my guess. To pay my own accountant (not to mention the lawyer) to help how to straighten that whole financial mess will cost me a lot of money, nerves, time and endless paperwork...and their accounting is obviously failing. I did nothing wrong, I did all my work diligently and I pretty much feel zero responsibility for this havoc. Also I learned that similar thing happened to my coworker less then 1 year ago...Do I have an option to answer-"Not my problem, straighten your own accounting/business department"..and to resign?

Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 hours by:
2/20/2016
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,752
Experience: B.A.; M.B.A.; J.D.
Verified

"Not my problem" is good response. The problem is not your problem. The accounting/payroll department should figure this out. However, you cannot be asked to pay for insurance premium that you were already paying under COBRA. If you paid for COBRA at the same time that the employer was allegedly paying for your insurance coverage, then the employer has no basis to come after you for the "overpayment."

Regrettably, if you continue to be employed by the employer, the employer would start to deduct this alleged overpayment from your pay. Also, if you have your pay direct deposited, the employer may attempt to go to the account to try to withdraw the overpayment.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,752
22,752 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I live in the state of Ohio. I was terminated at work today
I live in the state of Ohio. I was terminated at work today at 1:00 pm. I had a knee surgery scheduled 2 weeks before my termination date 1/18/2017. my surgery is scheduled for Jan 26, 2017. My questi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I work for a school district in Tuolumne California and have
I work for a school district in Tuolumne California and have an insurance allotment or cap for the purchasing health insurance. In recent years the cap has covered my health insurance needs with no ou… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I held a management position with a family owned business. I
I held a management position with a family owned business. I worked there for 24 years with the exception of a period of 6 months November 1999 to May 2000, I left for better money but found the grass… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is a schoolteacher in NYS. He was hired in
My husband is a schoolteacher in NYS. He was hired in November, worked through the end of the year, and we got health insurance through him. His supervisor implied that he may be let go in the fall be… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I signed a separation agreement with my former employer which
I signed a separation agreement with my former employer which included two months of salary (minus applicable taxes) and under a separate heading six months of COBRA coverage for continuation of healt… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I worked company about a year and 8 months before I became
I worked for a company about a year and 8 months before I became ill with what was later diagnosed as End Stage Kidney Disease. I initially took 3 months of Short Term Disability, which was provided b… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am a salaried employee paid semi monthly at a small
Hello, I am a salaried employee paid semi monthly at a small company of five people. My employer does not offer health coverage. My employer does give me a monthly gross check for $150 that we are to … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I live in Hawaii and my cobra coverage will run out in december.
I live in Hawaii and my cobra coverage will run out in december. What are my options for coverage for myself, husband and 2 children. I am working part time with no empoyer health plans available. Jol… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My former Employer, Carmen Santana DMD hired me 1day a week
My former Employer, Carmen Santana DMD hired me 1day a week for 1yr. and I was working as Dentall Hyggienist at the NH State Prison for men 4 days a week. She wanted me to work full-time but didnt off… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My employer terminated insurance with a company who I had coverage
My employer terminated insurance with a company who I had coverage with . They said they picked up insurance with another company and raised the amount they have been taking out of my check. I went to… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hello, I work for the United Nations and my contract expires
Hello, I work for the United Nations and my contract expires at the end of October 2011 and they have told me that and they do not offer COBRA health insurance coverage to former employees. It is a pr… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
My sons company quit paying the insurance premium without letting
My sons company quit paying the insurance premium without letting him know and he does not have insurance and he has cancer. What can / should he do?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I resigned from my previous employer effective 07/26/2010.
I resigned from my previous employer effective 07/26/2010. On the day I turned in my resignation, I informed my CEO that I was going to obtain Cobra health insurance, At that time she gave me a quote … read more
socrateaser
socrateaser
1,031 satisfied customers
My former husband is an employee of A.H. Belo Corp. of Dallas,
My former husband is an employee of A.H. Belo Corp. of Dallas, TX, who owns the Providence Journal (where he works) here in RI. A.H. Belo, formerly Belo Corp., formed in April 2008. I don't know if th… read more
C. M. Page
C. M. Page
Juris Doctor
8 satisfied customers
I am a New Jersey Resident working in NYC for the last 2 1/2
I am a New Jersey Resident working in NYC for the last 2 1/2 years. Last week my position was eliminated and I got laid off from my job of 18 months but was offered to continue my health plan through … read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I am trying to find out what my rights are with COBRA. I have
I am trying to find out what my rights are with COBRA. I have paid all my current premiums and have been waiting for the last 8 days for my account to show active with my carrier (United Healthcare). … read more
socrateaser
socrateaser
1,031 satisfied customers
While in a temporary academic position I decided not to ...
While in a temporary academic position I decided not to continue in the fall after I telephoned the employee services and ask how long my health care benefits would last if I taught part time during t… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
I have an employee that would like to have funds removed ...
I have an employee that would like to have funds removed from his paycheck for health benefit premiums. He pays for his mothers health insurance and would like the premium to be pre-taxed. We could is… read more
Legal Ace
Legal Ace
Managing Attorney
Doctoral Degree
26 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x