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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19664
Experience:  B.A.; M.B.A.; J.D.
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My name is ***** *****. I was full time employed with the

Customer Question

My name is ***** *****.
JA: Thanks. Can you give me any more details about your issue?
Customer: 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?
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

"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.