Legal Question in Employment Law in Texas

Past health insurance premiums

Last year, my employer failed to deduct my health insurance premiums for about 5 months (July-December)although I told my manager and the payroll administrator that it wasn't being deducted. In January of this year, they said the problem was fixed and began deducting premiums again. In May of this year, the new payroll administrator demanded repayment and took an additional 150. per check until paid. He just took the last payment from my check even though I asked him not to this pay period because we had a death in the family and other expensive issues. My question is did they legally have a right to dock my pay for a year old mistake on their part and is there recourse? I paid it because I know in Texas you can be fired for any reason (like complaining), but to take that payment when I requested it not be taken or reduced for the pay period has me really upset. I have been with the company for almost 7 years and they are based in Ohio.


Asked on 10/28/05, 8:38 pm

1 Answer from Attorneys

Blair Brininger Blair Brininger

Re: Past health insurance premiums

Did you incur any health expenses that the insurance paid for during the time the employer failed to deduct the premiums? Or did you not go to the doctor because you did not think you were covered?

Under Texas Pay Day Act an employer cannot deduct money from your paycheck without your written authorization.

Why complain about something now that happended back in May 2005? Is something else going on?

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Answered on 10/31/05, 7:41 am


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