Legal Question in Business Law in Wisconsin

I incorrectly alocated $3000 to a dependent reimbursement FSA instead of the Me

I incorrectly alocated $3000 to a dependent reimbursement FSA instead of the Medical reimbursement FSA... is there a provision in Sec 125 for correcting an error? What can I do? How can I help the company HR justify helping me out (without me treating to quit). I don't have any dependent care expenses and I will have $3000 out of pocket medical expenses! Do I need professional representation or help? I cannot afford to stay employed at this company if I cannot change the accounts. The company's HR is going to get back to me on Thursday. I searched the internet for Sec 125 info about corrective latitude but I could not find any info about this. HELP thanks


Asked on 4/23/03, 5:09 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: I incorrectly alocated $3000 to a dependent reimbursement FSA instead of th

Hello,

I have not run into a situation like this before, and would have to do some research to find legal authority to change. As you have found out, that can take a while. However, it does seem to me that your employer should be able to do the correction. It was an error of the type I believe could be corrected. If the employer does not come to that conclusion on its own, you might have to hire counsel to make your case for you and try to find some authority for the correction.

Best wishes, Mark J. Mahoney 920-984-4529

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Answered on 4/24/03, 9:23 am


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