Legal Question in Insurance Law in Texas

I am an employee of the State of Texas (I'm a doctoral student at a public university). I was recently informed that, due to an error with the payroll system that the administrator admits is 100% the fault of the system, I owe $900 in back payments for insurance. Basically, they weren't taking out enough each paycheck. Being a doctoral student, this is a hardship. Although they are willing to work out a payment plan with me, I am wondering why I am liable at all for their system's mistake? Is it because I have access to a wage statement and should have reported a lower insurance deduction myself?


Asked on 5/30/10, 6:12 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You owe the money because the payments were your responsibility and not the school's. You are liable not because you had access to the statements, but rather because the payments were your responsibility even before the mistake occurred. There is no good reason why this administrative error should shift the responsibility from you to the university.

That the mistake was not your fault does not mean you are entitled to keep the benefits you were supposed to pay for, and it does not mean the school must absorb the cost.

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Answered on 5/30/10, 9:21 pm


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