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MD Medical benefits not taken out, asked for now! Maryland

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  • MD Medical benefits not taken out, asked for now! Maryland

    My company recently contacted many salaried employees and said they had forgotten to take out of our checks the amount for our medical benefits since September. Now they are saying we owe them the difference?! Isn't this their fault! Can this be legal?

  • #2
    Of course it can be, and is, legal. Whose mistake it is doesn't matter; you are not entitled to free insurance.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Boy, what a system!

      Accountability is always the worker's burden.

      Comment


      • #4
        So, why didn't you check your pay stubs, see that no deductions were being taken out, and bring it to their attention?

        The employer may have made the initial error, but both employer and employee are accountable here.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Similar situation just happened here - an employee's 401(k) loan amortization schedule was never received by our payroll service, therfore deductions weren't being taken out of his weekly check. Now, the employee has to make up the 12 missed payments by July 1st. He's very angry, yet admits that he noticed that there were no deductions on his pay stubs. It was his responsibilty to notify us when he saw this. He could have nipped it in the bud.

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          • #6
            I am not disagreeing with anything said, but as someone who has done a lot of payroll over the years, it is (IMO) always worth having a 2nd (or 3rd) person recheck all employee master file entry affecting payroll. It is always much cheaper to avoid the errors up front then fix them later.

            Fix the problem, not the blame.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              It has happened here a few times. Because the finance office shares in the blame, the folks in payroll always work out a payback arrangement with the employee so that he/she isn't hit all at once with a huge deduction.

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              • #8
                I completely agree that fixing the problem is more important than fixing blame, but I take exception to employees who don't "notice" a problem with their paychecks as long as it is convenient and in their favor, and then suddenly play the "well, it was their fault so we shouldn't be penalized to fix it" card when it gets caught.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  That's assuming the employee noticed.

                  I agree that the blame game is pretty petty. But, the money being asked for isn't. Just as an employer requires an employee to function properly (i.e. show up on time, complete tasks proeprly when asked), I think there is an implicit agreement that the employer will function properly as well. As employees are made to rectify mistakes, so should the employer. I.e. you broke it, it comes out of your check.
                  Last edited by dualhead; 04-27-2007, 03:20 PM.

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                  • #10
                    But the employee has as much responsibility to see that the proper deductions are being taken as the employer has for taking them.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Good point.

                      I agree that checking one's paycheck is responsible, but not the job of all employees. Just the one's cutting the checks. I realize this doesn't change my situation, but the situation still seems unfair. Thanks for all the responses.
                      Last edited by dualhead; 04-27-2007, 03:47 PM.

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                      • #12
                        Originally posted by dualhead View Post
                        I agree that the blame game is pretty petty. But, the money being asked for isn't. Just as an employer requires an employee to function properly (i.e. show up on time, complete tasks proeprly when asked), I think there is an implicit agreement that the employer will function properly as well. As employees are made to rectify mistakes, so should the employer. I.e. you broke it, it comes out of your check.
                        That's correct, you don't show up on time, maybe they write you up, maybe they terminate you.

                        Flip side? They mess up your check, you quit your job, leaving them in the lurch until they can find a replacement.

                        Seems pretty fair to me.
                        -----------------------------------------
                        98% of the population is asleep. The other 2% are staring around in complete amazement, abject terror, or both.

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                        • #13
                          Assuming the employee quits.

                          And, most often the employer isn't left in the lurch because they can legally collect the owed money (either for insurance or owed hours) as long as they don't dock below minimum wage. That ain't much of a lurch. Still seems biased.
                          Last edited by dualhead; 04-28-2007, 10:44 AM.

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                          • #14
                            Originally posted by dualhead View Post
                            I agree that checking one's paycheck is responsible, but not the job of all employees. Just the one's cutting the checks.
                            It is usually only when the check is more then expected that the employee ignores it. Once it is short by even a few dollars, those same employees are at the PR office quick than spit.

                            Yes PR needs to check that checks are accurate but it is also the employees responsiblity to ensure that their check is accurate and if they find an error (even if it is in their favor, for then) to report it.

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                            • #15
                              Just for the record, my paycheck was overpaid by $2.24 for 2 paychecks in a row (dumb T&A system that adds shift differential if you come in before 5 a.m., even if that isn't your regular shift). And I'm the Payroll Manager (although currently seconded to a special project)!

                              I brought it to the timekeeper's attention and it will be corrected next paycheck. Aren't I a swell person?
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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