Legal Question in Employment Law in California

My former employer is saying I owe them for underpayment of health insurance premiums and is withholding my final check because of this. They have produced no evidence that any money was actually paid by them to the health insurer. They are just saying that since I was paying the single member amount and getting insurance for my daughter as well that it must have been them paying for it. Do they have a case? I live in California, the company is HQ'd in Virginia.


Asked on 3/21/16, 9:19 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

California law prohibits an employer from withholding a final paycheck to pay for a debt the employee owes, absent certain limited circumstances that do not appear to apply here. It appears to me that you have a claim. Note that California law may allow you to recover penalties and attorneys fees if you prevail on this claim.

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Answered on 3/21/16, 9:23 am


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