Employment Law

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I was off nearly three weeks ago. I have yet to receive my…

I was laid off...

I was laid off nearly three weeks ago. I have yet to receive my last 3 days of employment, my vacation pay, or reimbursable expenses. They claim I owe them thousands of dollars because they didn’t properly deduct my insurance premiums. Is there anything I can do?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No. I’m trying to figure out how to approach them.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

An “at will” employee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so.

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Answered in 3 minutes by:
3/16/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,842
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The employer cannot withhold pay now that you are gone claiming they did not previously properly deduct insurance premiums. They had to pay you all wages due by your next regularly scheduled pay day. So, if they have not done that, you would need to file a complaint with your state department of labor wage and hour division and if they cannot resolve the matter for you, then your final option is you can sue the employer for failure to pay wages.

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Customer reply replied 5 months ago
Can they simply deduct what they think I owe in insurance premiums from my final wages and owed reimbursable expenses?

Thank you for your reply.

They have to prove the amount due and that it was truly a mistake, not merely retaliation which it looks like. If they can prove that it is a real mistake, because insurance premiums are normally deducted from pay and that is allowed, but you need to make them prove what is due.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Additionally, we haven’t received any Cobra paperwork? Do we simply ask for it?

Thank you for your reply.

Yes, you need to ask HR for the COBRA forms and if they refuse then call the US Department of Labor as they handle COBRA claims and they will get the company to comply.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,842
Experience: 20+ Years of Employment Law Experience
Verified
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