Former employer took money...

[Finite H8red]

I live in Florida. My former employer which whom I worked for right around 15 years was taking money out of my check weekly for insurance. They cancelled our coverage at the beginning of November 2016 but neglected to tell us. They finally had us insured again at the beginning of February 2017 with no mention of the money they deducted. I was terminated mid March. Over the weekend I picked up a small marijuana charge. When I returned to work Monday morning I told my supervisor as a preemptive measure so he heard it from me first. Tuesday morning I was late into work and was written up and terminated. This was my second write up. He also said "I guess the higher ups keep a closer eye on us than I thought." Which was one of the reasons why I was terminated. But it was not mentioned on the write up. So now I've been going back and forth through email with the accountant because I'm locked out of my ADP account to get my pay records for the time I worked. I need that for my proof of the taking of my money with no insurance. Her will not reset the password granting me access. He also lied to me about the money taken. He said it was added back onto the policy. I contacted the insurance provider and got the documentation showing that he was lying. They owe me around $1200 the best I can estimate. What should I do know? Getting a lawyer is gonna soak up 1/3 of that so I'm kinda spinning my wheels. Suggestions?

 

[quincy]

I live in Florida. My former employer which whom I worked for right around 15 years was taking money out of my check weekly for insurance. They cancelled our coverage at the beginning of November 2016 but neglected to tell us. They finally had us insured again at the beginning of February 2017 with no mention of the money they deducted. I was terminated mid March. Over the weekend I picked up a small marijuana charge. When I returned to work Monday morning I told my supervisor as a preemptive measure so he heard it from me first. Tuesday morning I was late into work and was written up and terminated. This was my second write up. He also said "I guess the higher ups keep a closer eye on us than I thought." Which was one of the reasons why I was terminated. But it was not mentioned on the write up. So now I've been going back and forth through email with the accountant because I'm locked out of my ADP account to get my pay records for the time I worked. I need that for my proof of the taking of my money with no insurance. Her will not reset the password granting me access. He also lied to me about the money taken. He said it was added back onto the policy. I contacted the insurance provider and got the documentation showing that he was lying. They owe me around $1200 the best I can estimate. What should I do know? Getting a lawyer is gonna soak up 1/3 of that so I'm kinda spinning my wheels. Suggestions?

You can report the possible embezzlement to the police and they will investigate.

A report about your former employer to the police can complicate your search for another job - especially if the employer did in fact add the funds back into the policy - but your marijuana charge may have complicated that already. It is, however, an option to consider.

 

[cbg]

Did they actively cancel the insurance, or was it cancelled by the insurance carrier for non-payment?

 

[Finite H8red]

Did they actively cancel the insurance, or was it cancelled by the insurance carrier for non-payment?

My employer concelled the policy in November. Then reinstated it in February and cancelled it when I was terminated in March.

 

[PayrollHRGuy]

You are in Florida and they let the Federal Department of Labor handle things. If your employer made an illegal deduction for health insurance so they also likely underpaid all of the employer taxes so the state withholding agency and the IRS would be interested as well.

My suggestion is file a wage claim with the USDOL. Here's a link. https://www.dol.gov/whd/howtofilecomplaint.htm

 

[cbg]

I want to make sure this is clear, because it may make a difference.

You are 100% certain and know of your own knowledge, you are not just assuming, that in November your employer called the insurance carrier and said, Cancel the policy?

As opposed to the employer not paying the premiums and the insurance carrier, upon not being paid, cancelled the policy out from under the employer retroactive to November since that was the last time the policy was paid?

You know for an absolute fact that this is the case? You are not making assumptions? Because the facts as you have described them sound much more like door #2 than door #1.

 

[Finite H8red]

I want to make sure this is clear, because it may make a difference.

You are 100% certain and know of your own knowledge, you are not just assuming, that in November your employer called the insurance carrier and said, Cancel the policy?

As opposed to the employer not paying the premiums and the insurance carrier, upon not being paid, cancelled the policy out from under the employer retroactive to November since that was the last time the policy was paid?

You know for an absolute fact that this is the case? You are not making assumptions? Because the facts as you have described them sound much more like door #2 than door #1.

100% positive. I have it documented in writing from the insurance carrier reflecting the cancellation by my employer in November and them cancelling it again when I was let go in March after i was told by the accountant the money was added to my insurance policy and I have all of the emails from him saying so. When I asked him to reset my ADP account so I could access it he told me "he'll see what he can do to get me my pay stubs". I suspect he may attempt to forge a false pay record.

 

[cbg]

It probably wouldn't do any harm, in that case, for you to discuss the situation with an attorney. At minimum, the employer owes you the premiums back.

 

[Finite H8red]

I'm going to report them today. I'm tired of messing with them.

 

[cbg]

Someone upthread recommended you call the police. I'm not sure that's the appropriate measure to be taking. This is technically not a criminal law issue. I very much doubt if the police will do anything; I can't even promise that they'll take the report.

You're in a bad state for making agency reports, which is why I truly think your best bet is to contact an attorney and review all the various options with him.

 

[Finite H8red]

Someone upthread recommended you call the police. I'm not sure that's the appropriate measure to be taking. This is technically not a criminal law issue. I very much doubt if the police will do anything; I can't even promise that they'll take the report.

Why do you at its a bad state for agent report. I have absolute proof of blatant wilful theft. By FL labor insurance law they are required to notify their employees if they are even making changes to the policy much less canceling it completely which they did without any notice at all. We found out because a fellow employee tried to use is insurance when he went in for surgery.

 

[cbg]

I say it is a bad state to file an agency report because:

* Florida does not even have a state Department of Labor
* The Department of Insurance is more geared to issues with the insurance companies than employers
* Florida is well known to be one of the most employer-friendly states in the country

I'm not saying you have no recourse. I'm saying you are better off with an attorney than you are with a state agency.

 

[quincy]

Someone upthread recommended you call the police. I'm not sure that's the appropriate measure to be taking. This is technically not a criminal law issue. I very much doubt if the police will do anything; I can't even promise that they'll take the report ...

I believe I am the "someone upthread" who suggested a report to the police.

The fraudulent appropriation of funds or property of a business or person by someone who was entrusted with those funds is theft. If the amount appropriated from the company or person exceeds $300, it is charged as felony theft.

It is criminal.

See Florida Statute section 812.014.

 

[cbg]

Nonetheless, I stand by my answer. I very seriously doubt that the police will take a report of an employer taking deductions that he shouldn't.

 

[quincy]

Nonetheless, I stand by my answer. I very seriously doubt that the police will take a report of an employer taking deductions that he shouldn't.

I disagree.