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My former employer apparently failed to deduct my first

Customer Question
My former employer apparently...

My former employer apparently failed to deduct my first month of insurance premiums. I have separated from the company and found they deducted this missed deduction from my final paycheck. Is managing deductions not their responsibility. I was there for 7 months and they just found the error when I left.

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

No, I just found out this morning.

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

At will

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

I don't think so.

Submitted: 1 month ago.Category: Employment Law
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Answered in 18 minutes by:
3/23/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 536
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Can you let me know what state you are in so I can provide a proper response to your question.

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Customer reply replied 1 month ago
Illinois
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

Thank you. I am preparing a response and should have that to you shortly.

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Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

In general, your employer has the right to deduct health insurance premiums from your pay. And, though it is the employer's job to calculate your pay and appropriate deductions, that does not necessarily mean that if an error is made by the employer you are entitled to keep any excess payments. In this case, there was not directly an overpayment of actual wages but there was an overpayment in the sense that you were paid funds that should have been deducted. Thus, it is likely this would be treated as an overpayment of wages. In the situation, the employer is entitled to recoup the overpayment. If more than one pay period has passed, which it sounds like it did, between the overpayment and the employer's noticing it, they may be required to comply with Illinois wage payment laws that require the employer and employee to agree on a repayment schedule. If a repayment schedule cannot be decided then there are other procedures for resolving how to repay that amount. The real problem when employers make these mistakes - which is what you are unfortunately experiencing - is that the employee is unaware of the error and now has to repay funds that may not be easy to repay or have deducted from pay. Assuming you were aware that health insurance premiums were usually deducted from your pay, you do owe that premium. So, since you no longer work for this employer, it may make more sense to dispute it since you would have to pay it at some point and you probably do not want or need to have an ongoing relationship with the employer unnecessarily.

It is incredibly frustrating when things like this happen through no fault of your own, but the law does allow employers to collect amounts paid in error to employees, even when there is no fault on the part of the employee.

I hope this helps and am sorry I do not have better news for you. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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