Legal Question in Administrative Law in California

My former employer closed my medical premium flexible account right after my job was terminated. I stopped my medical insurance after I heard that. I did not ask the employer to stop the premium deposit since I thought the employer knew it. But the employer continued deposit from my last paycheck to the closed account. Now the employer refused to do anything with the argument that I did not send a written notice to stop the deposit. On the other hand, the account management company said it would return the deposit to the employer if the employer requested. Now the issue is in gridlock. But I think the employer should not put more deposit after the employer closed the account. And the account management company should return the deposit to the employer no matter the employer requests or not. It looks that the issue can only be resolved in the court. Then which company should I sue first?


Asked on 9/10/09, 12:31 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Without expressing an opinion on the merits of your case, I would answer the specific question asked by saying it is the common practice among attorneys to name as defendants any and all persons, companies, etc. who/which might be in some way responsible for the harm complained of in the lawsuit. It is easier and cheaper in the long run. Let the defendants fight it out between themselves as to which is responsible. One overall caveat is that you must have some reasonable basis for believing a party might be liable to you before dragging them into a lawsuit; otherwise it could be malicious prosecution or abuse of process.

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Answered on 9/10/09, 4:08 pm


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