Q: I am a nine month employee in a school district in Wisconsin. I receive an insurance buyout benefit because I do not use
Their insurance. We used to get the amount divided between our paychecks during our 9 months of employment. They are now dividing that benefit by 12 months, so we get less per paycheck. We are contracted to work 9 months, not 12. They do retroactively pay the amount they withhold during the summer months when I am not working, but they are making interest on my benefit. When confronted, they say they can do what they want and it is incentive for people to come back in the fall. Any recourse?
A: If your employment contract specifies a particular payment structure for the insurance buyout benefit during your 9-month employment, your employer should adhere to the terms of the contract. If they unilaterally change the payment structure without your consent, it could potentially be a breach of contract. Consult with an employment attorney to review your contract and discuss potential recourse options, such as seeking enforcement of the original contract terms or negotiating a resolution with your employer.
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