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I am representing the employer. If our employees underpaid…

Hello. I am...

Hello. I am representing the employer. If our employees underpaid for a benefit in 2017, how long do we have to recoup the underpayment, in Michigan?

Lawyer's Assistant: Have you discussed this with your HR staff? Or with a lawyer?

I am the HR staff, and I spoke to a lawyer, however he wasn't positive.

Lawyer's Assistant: Is your employee "at will?" Does the employee belong to a union?

Yes, it is an employee "at will" and the employee does belong to a union.

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Answered in 6 hours by:
3/20/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,735
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Customer reply replied 4 months ago
Ok, no problem.

I am sorry, but I do not understand your question.

What did you mean by the "employees underpaid for a benefit 2017?"

Kindly provide additional information.

Thank you for your cooperation.

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Customer reply replied 4 months ago
We charged the employees an amount for their optional long term disability that was too low. We caught our mistake by November 2017. If the employees wanted to continue the LTD that was fine. We would then collect the balance of their underpayment. How long do we have to recoup the underpayment in Michigan?

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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We charged the employees an amount for their optional long term disability that was too low. We caught our mistake by November 2017. If the employees wanted to continue the LTD that was fine. We would then collect the balance of their underpayment. How long do we have to recoup the underpayment in Michigan?

Response: Unfortunately, there is no time limit. You have to continue to take the deductions from the employees' pay until you have recovered the "underpayments."

My response assumes that you have written consent of the employees for the deductions.

Best wishes,

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Customer reply replied 4 months ago
Thank you.

You are quite Welcome!

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,735
Experience: B.A.; M.B.A.; J.D.
Verified
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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).

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