My husband's employer has been deducting wages every week to pay our medical insurance. However, we just found out that my family has not had insurance coverage for almost a year. I requested a check for the money that was withheld while we were not covered. His employer representative told him, the only thing they could do was not withhold funds for the next year, while they pay our medical insurance. Do we have the right to a check for the money owed to us? What if something comes back saying we don't have medical coverage for the upcoming year because they are not withholding pay? The total amount of funds withheld over the period we were uninsured was about $4500.00. Thank you in advance!
Signed,
Kristi
Answer
Hi and thanks for your post. The facts you describe are problematic on several levels and may give rise to several claims, including a claim for wrongful retention of compensation that generally includes both the withheld monies and additional damages. If an employer doesn't pay the employer's share of premiums (besides not forwarding what it collected from the employee) it may violate Maryland's wage and hour law.
I suggest that you promptly seek advice of counsel who can review the specific facts of your situation and talk about your options in greater depth. Oftentimes aggrieved employees have an option to either allow government officials to investigate employer practices or to pursue claims for reimbursement on their own. Note that you may loose valuable legal rights with the passage of time. You are welcome to contact my firm (I offer a no-cost initial 10 minute telephone consult on compensation related claims if you call 410-216-7000), or another Maryland barred attorney of your choosing.
While the above is not legal advice, I hope that it helps address your question.
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