Sue employer for inapprop. deductions?

[jjonson]

My employer has been deducting dental ins. premiums from my paycheck errantly for the last 11 months even though I properly waived coverage and have documentation to prove it. I didn't catch it intially because the coverage was properly dropped for 2 months and then premiums were unexpectedly put back in when I received a raise. I didn't notice it since my pay went up and it was listed as a "prem" deduction, not "dental". I errantly thought it was for life insurance. The grand total owed back to me is only $500. I have brought the matter to my employer who refuses to refund the premiums past 2 months, saying they "can't correct paychecks past 60 days". Can I take my employer to small claims court to collect my incorrectly deducted premiums for insurance I waived and never used or is there a statute of limitations preventing me from doing so?

 

[Duranie]

HJave you gone through the correct channel to get your refund?

Have you actually spoken to somebody in payroll? They should be able to credit you.

If you sue them, you probably won't have a job afterwards but you could always do that, but I would not recommend it.

Have they stopped the deductions now?

 

[jjonson]

I have spent the last several days going through the "correct channels" and am continuing to work my way up the chain of command. The story I am getting is that payroll will not make any pay alterations past 60 days. I have spoken to people in Benefits and Payroll so far. In fact, one person indicated that they might not be able to stop deductions now since it's not our formal "open enrollment" period. This is particularly ridiculous to me since I have the form in hand that I filled out and they approved dated several months ago. I work for a very large school district with lots of employees. I am simply trying to figure out if this 60 day policy they are referring to is simply a policy or has any legal backing behind it. I have not decided to pursue them in small claims but am simply wondering if I have the law on my side or not. Perhaps this will help me "negotiate" this back pay that I feel is warranted since they made the error.