Pawtucket, RI asked in Employment Law for Rhode Island

Q: Can I sue for deductions for benefits that were terminated?

My last day of FT work with my employer was Nov. 3rd and I began per-diem November 6th. Employer deducted funds for my benefits on 11/3, 11/17/ 12/1 (medical, FSA, dental, etc). On 12/4, I attempted to use FSA card at my orthodontist (for $2000) but my card was declined. Contacted employer and they finally got to me 2weeks later and said I can be reimburse for expense before November 6th. However, I have no prior expense to submit for reimbursement. They said I can get my FSA card reinstated if I use COBRA. I called COBRA and they explained I will have to pay for November and December. They said that my benefits were terminated Nov. 6th.

I asked my job how come I got deductions in November and December, yet my benefits were terminated, I haven't got any answer other than "once you went per-diem you were no longer eligible for benefits".

My ortho is calling to be paid and this is causing me so much stress.

Related Topics:
1 Lawyer Answer
Neville Bedford
Neville Bedford
  • Licensed in Rhode Island

A: Meet with an employment law attorney to explore your rights and remedies.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.