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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My wife had a flexible spending account that she contribute

Customer Question

My wife had a flexible spending account that she contribute 50 every paycheck from her employer. They said there was abillthat wasnt covered so we sent them a copy of the bill.Now she got a letter from her company tosay they are taking the whole amount out of her next paycheck $625.This is from 2016 and they took $1300 from her pay for the flexible spending the you joe t
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: new jersey
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 1 month ago.

Thank you very much for your patience. Generally, it is against the law for an employer to take anything out of an employee’s check that the employee did not already agree to or if it is not something that is required like state and federal taxes. Additionally, two parties to a contract, such as an employer and an employee, are required to work together in good faith. Accordingly, if the other party made a mistake such that they mistakenly took out less than they were supposed to, and then decided to take out more than they were supposed to later on, this could be a breach of contract by the employer. Your wife may want to consider filing a wage complaint against the employer to recover the money that she was supposed to get. You may be able to recover the damages for any bounced checks or late payments that you had to deal with.

You may also want to consider just writing a formal demand letter. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.