Legal Question in Employment Law in Massachusetts

HR demanding money back for their mistake
I am provided medical and dental insurance through my current employer. Last Sept. '03, something happened (without any action or interference by me, the employee) to my medical contributions through payroll, and my primary deductions for my medical insurance were not taken out. This resulted in a net gain of ~$29.00 in my semi-monthly paycheck, which went unnoticed.
A few weeks ago, I was contacted by my HR Dept saying that they just noticed this error and now I owe them money retroactively, which I figured to be hundreds of dollars. Is this a legal action that an employer can take on one of their employees for their mistake? I had never changed anything in my contributions or benefits since the brief open enrollment period upon my hire date. I have been covered medically, along with my fiancee (who qualifies as a domestic partner) since my date of hire, May '03. I have been paying my fiancee's contributions post tax throughout the entire period, the only discrepancy would be what I was supposed to pay, pre-tax, for the primary account holder's contributions since Sept. '03.

Thank you in advance for your time and efforts, and I look forward to hearing from you soon.

Asked on 5/11/04, 9:40 am

Nance Lyons Law Office of Nance Lyons

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Re: HR demanding money back for their mistake

You can;t take advantage of another's mistake. However, I am sure your employer will allow you to pay the sum due over time.

Answered on 5/11/04, 12:35 pm

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