Hello:

I recently noticed that my last few paychecks were significantly less then what i normally make for a standard pay period. When I questioned payroll about it I found out that it was because my medical insurance had kicked in but I hadnt had any deductions taken out of my checks from aug-oct. Payroll informed me I was supposed to get a notice with my last check, this never happened.

I guess my question is can a company legally garnish wages without any kind of notice?

Another question would be if I had any right to fight for these garnished wages since I just received my medical cards two weeks ago, due to my companies error, and have not been able to take advantage of these benefits?

This is not a wage garnishment. This is a legal deduction and you almost certainly signed an agreement for it when you enrolled in the insurance plan.

As for your ability to participate, that is not dependent on your having a card. Unless you had not been enrolled at all, you still could participate - any insurance company will verify coverage for an insured who for one reason or another does not have or cannot find his card if a doctor or hospital calls and asks.

Thanks for the info. So because they hadnt deducted these fee's they have the legal right to take out any amount the deem fair from my checks? They took over 400 dollars from my last check, doesnt seem right.

Are you suggesting that you should get the insurance for free?

What im suggesting is that there should be some sort set amount that they take out of every check, and some kind of notice of intent to do so given to the employee. Of course I should not get the insurance for free, but should I give my whole check to my company to make up for deductions they mistakenly left out. It would seem that if they were going to re-coup the over looked charges that they would try to do so in the best interest of both the employee and insurance company, and not just take any amount they see fit. Maybe 400 isnt a lot to you, but in my world that is almost 1/3 of my net pay. In any case thanks so much for the sarcasm. Much appreciated and Merry Christmas to you.

But, you see, you have to take some responsibility here too. Did you not notice that the deductions were not being made? If you did, did you inform anyone and try to work out on agreement for the arrears? I'm not saying this isn't tough for you right before Christmas, or that the employer should not have informed you that they were going to be deducting the arrears in one lump sum. I am saying that what they did was not illegal, and that they have the right to correct their mistake, and that you bear at least some of the responsibility for letting it go so long.

I totally agree, and if I would have noticed I would have said something. My question was only in regards to whether or not they had to provide notice to an employee when they deduct pay. Not an open invite to be insulted by another poster. Also they havent deducted in one lump sum. This is the 3rd check they have taken money out of. the first was over 100 2nd over 200 the 3rd over 400. But judging from what you guys are saying whats to stop them from taking back money owed in one lump sum and what ever amount they want? Whats stopping them from taking someones whole pay check to make up the difference?

In California, all deductions made from an employee's check must be authorized in writting. You will have to look at what you signed for the deduction to be taken when you signed up for the plan. If it only states the monthly amount, then that is all they can take.

Of course, you will still owe them the money, they just can't take it out of your check.

Thanks Michael!