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NEED ADVICE in Fl Florida

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  • NEED ADVICE in Fl Florida

    My Husband works for a concrete company in Florida as a Field operations manager. He has been there 3yrs. For the past 6mo the company has been having issue paying employees. We have gone weeks with no pay at all. Right now as of tomorrow we will be 3 weeks behind in pay. Is this legal? Also, we found out recently our insurance had been canceled. Now insurance had been taken out of every check we did recieve and Aug.28 we were told that our insurance would be canceled Sept 1. When I checked the insurance website it said our insurance had been canceled Aug 1. This is not the first time this has happened. It got canceled before because the employer didnt pay the premium. Where was the money we were paying for insurance going?
    going? We were not informed by the empolyer that time it was canceled. W e found out by the Dr. office. Which in return has caused us to be charged by Dr.s and hospitals and things going to collections. This is not right when we had money taken out of each check for insurance. This can not be legal.
    I know im rambling but im sooo upset and dont know what to do. We have 4 kids and need to get paid!!! Not to mention Insurance. The owner wont even let anyone go because he doesnt want to pay unemployment. Ugh what can we do to get the money we are owed?
    I dont even care about the other expenses that are owed to us. I just want our 3 weeks of pay.

  • #2
    Ugh what can we do to get the money we are owed? Your husband may file a complaint with your State's Department of Labor.

    It got canceled before because the employer didnt pay the premium. Where was the money we were paying for insurance going? Assuming the employer pays a portion of the premium, it's reasonable to assume the employer is having a very difficult time coming up with their portion of the premium to send to the insurance carrier. The carrier isn't going to accept partial payment (i.e. just the employees' contributions.) If, however, your husband thinks the employer is playing "fast and lose" with employee contributions, such as diverting those into the company's operating funds as opposed to just paying the premiums late, he should contact the federal Department of Labor and file a complaint

    Your husband should be looking for a new job. Now. The company he's working for clearly is having serious cash flow problems.

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    • #3
      Agreed. FL does not have a state DOL, so the normal recovery methods for unpaid wages are small claims court or a general court action (which needs an attorney). If you want to see an attorney, fine, but it the company is going under (and it might be), then the judgment might be noncollectable. Priority number one is to find a new job with a different company. Priority next is to either file a small claims court action or have the former employees talk to an attorney. But this lesser priority assumes that there are actually remaining assets. The OP can (and probably should) talk to federal DOL about the games being played with medical plan deductions not actually being paid to the vendor, but again this could end up with an noncollectable judgment.

      http://www.dol.gov/dol/topic/health-...nformation.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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