Former employer took money...

[cbg]

That's your privilege. As it is mine to recommend that the OP talk to an attorney before attempting any other action. He is in a state that is notoriously employer-friendly and an attorney can steer him to the action that is most likely to get him the best results.

For the record, I've been in HR for a lot closer to 40 years than I want to admit. I've had my share of disgruntled employees claiming we owed them this, that or the other thing. (I am not saying that the OP is not justly owed the premiums in question.) The only time I've ever had the police involved in any complaint was when an employee (falsely) reported physical violence, an event that I have discussed on these forums more than once. (The police officer in question very quickly picked up that the employee was lying in her teeth. She was fired the next day.)

I'd be interested in Carl's perspective.

 

[quincy]

That's your privilege. As it is mine to recommend that the OP talk to an attorney before attempting any other action. He is in a state that is notoriously employer-friendly and an attorney can steer him to the action that is most likely to get him the best results ...

I have no problem with Finite H8red seeing an attorney first. It is more costly than making a police report but an attorney can gather what is needed in the way of evidence to present to the prosecutor.

That said, police will investigate reports of white collar crimes (embezzlement, wire fraud, computer crimes, counterfeiting...) because these are serious crimes. The investigations tend to involve document and computer searches rather than people searches, however, and unless the police department is a large one, a white collar crime might be turned over to a state's white collar crime division.

But these are not crimes that generally are ignored. They are prosecuted in Florida and the penalties can be harsh.

Florida has a White Collar Crime Victim Protection Act. If there are more than 20 victims of the crime (or 10 elderly victims or a state government entity is a victim), the crime can be charged as a 1st degree felony, and the fine possible for these 1st degree felonies are increased from an up to $10,000 fine for other first degree felonies to an up to $500,000 fine, in addition to the restitution ordered. Up to 30 years in prison is also possible.

And criminal charges do not preclude civil actions.

Unless Finite H8red was a singled out employee, the amount of money taken by the employer from his employees paychecks from November to February - money that was intended for insurance - could be significant.

But, sure. An attorney who can personally review the matter can better determine if a criminal complaint should be filed.

 

[cbg]

I can far more easily believe that a white collar crimes agency would participate in something like this than that a local police agency would. I have little faith that your average police officer has the knowledge of the appropriate laws to determine what is and is not an appropriate benefit deduction. The implication that the local police agency would be the investigators, however, is what came through in your posts and I simply do not believe that. You still have not convinced me that going to the police is the best option and I'm still skeptical that they'll think it's any of their business...but I can potentially see the local police force passing it off to someone else and getting it off their plate.

 

[quincy]

I can far more easily believe that a white collar crimes agency would participate in something like this than that a local police agency would. I have little faith that your average police officer has the knowledge of the appropriate laws to determine what is and is not an appropriate benefit deduction. The implication that the local police agency would be the investigators, however, is what came through in your posts and I simply do not believe that. You still have not convinced me that going to the police is the best option and I'm still skeptical that they'll think it's any of their business...but I can potentially see the local police force passing it off to someone else and getting it off their plate.

It is definitely possible that a smaller police department would not have enough experience with white collar crimes to easily handle suspected embezzlement. They might not have the resources available to conduct a proper investigation. But I am fairly confident these crimes are not ignored by the police once reported. They generally will be passed on to a special unit within the department or passed on to a state white collar crimes unit.

What tends to be a greater problem with white collar crimes is actually discovering them and recognizing them for what they are.

 

[cbg]

I think we're going to have to just agree to disagree on this one.

OP, if you are still with us, PLEASE talk to a lawyer before taking any other action.

 

[quincy]

I think we're going to have to just agree to disagree on this one.

OP, if you are still with us, PLEASE talk to a lawyer before taking any other action.

I don't understand your disagreement. Crimes should be reported to the police and the employer's taking of money from his employees' paychecks is a crime unless this money was subsequently credited to the employees.

This is based strictly on what Finite has described has occurred. Certainly if facts are different, my response would be different.

But, again, having an attorney personally go over the facts is a (more costly) option to consider. An attorney's involvement could be of assistance to the prosecutor.

 

[commentator]

I agree with calling that attorney first. Making VERY sure you have a legitimate criminal complaint. Because in Florida, things related to the law and government do not always work as they should. Especially with law enforcement. I have lived in this state, and its just hard for me to have very high expectations of what you'd get with a cold call of this nature to the local po-lice. I suppose you could always contact the employment law attorney if the call to the police did not have the desired effect, but you might be setting yourself up for a bad experience and I'd certainly want to verify that I had all my ducks in a row correctly before I called them.

 

[quincy]

I agree with calling that attorney first. Making VERY sure you have a legitimate criminal complaint. Because in Florida, things related to the law and government do not always work as they should. Especially with law enforcement. I have lived in this state, and its just hard for me to have very high expectations of what you'd get with acold call of this nature to the local po-lice. I suppose you could always contact the employment law attorney if the call to the police did not have the desired effect, but you might be setting yourself up for a bad experience and I'd certainly want to verify that I had all my ducks in a row correctly before I called them.

A "cold call" to the police is not what was suggested. Finite would want to take his documents into the police and file a formal complaint for investigation. He can even ask for the white collar crimes unit (and if the department does not have one, he can be referred to the proper agency).

Again, I am not saying there is anything wrong with contacting an attorney first. Attorneys are helpful. An attorney just might be an unnecessary expense.

 

[Finite H8red]

Yes good sirs, I'm still with you. Yes everything I've described previously is 100% fact. I saved all emails from the accountant with my former employer as well as the insurance paperwork showing the dates of cancellation. I didnt speak with a lawyer because Im lacking the proof from my pay stubs for the insurance deductions because they wont allow me access to my ADP payroll account. Ill need to subpoena my pay stubs and my fear is that he may doctor my pay records to try to cover his behind.

 

[cbg]

You don't have to provide proof before you can talk to an attorney. You can't subpoena the records yourself, anyway; you'll need an attorney for that.