Legal Question in Education Law in New York
Health Insurance Overpayment
My school district has agreed to retirement condiitons
negotiated by NYSUT.As an employed teacher I have
paid between $50-$60 per paycheck for health benefits.
Now, the district has included me for the remainder of the 2003-2004 school year on a paid leave of absence and is charging me an an individual rate of over $600+ a month
for my medical coverage. The school district never properly
disclaimed the conditions of medical payments at the time
of the negotiated settlements. What charges can be brought
against the district for this overpayment of medical coverage premiums? In addition , they falsified a legal
document which placed me on ''sick leave'' instead of a paid
leave of absence, which was negtioated at the time of settlement.
1 Answer from Attorneys
Re: Health Insurance Overpayment
Your union should help you. If they don't, file a PERB complaint, grievances or whatever you can under your district's agreement.
If all that fails, sue the district and the union.
Watch out for time deadlines under the contract and the law.
My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.
As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.
Related Questions & Answers
-
Placement on gifted or magnet program My daughter is in 2nd grade at Queens Public... Asked 2/02/04, 12:31 pm in United States New York Education Law
-
Admission to a SUNY college I am a graduate from a SUNY college and am trying to... Asked 11/03/03, 1:05 pm in United States New York Education Law
-
Do I qualify for Financial Aid? I'm not a US citizen, however I've filed my... Asked 9/15/03, 1:46 pm in United States New York Education Law