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Employment Law/Employer Lack of Communication


I would like to start off by thanking you for providing such a great service. I am a registered nurse and worked for a company for a little over 9 months.  I had to abruptly resign due to business and family issues.  I put in my 2 weeks notice and left on good terms the end of March 2015.  I have for the last few weeks been trying to obtain a refund for my flexible spending account from services for 2014.  I was told that I have passed the deadline to submit claims so basically, my money is forfeited and the company can use it for their own benefit...use it to pay the company that processes their fsa claims.  I am extremely frustrated because at no point in time from my hire date to the last day on the job was I verbally informed or handed literature regarding the IRS run out period.  I contacted the HR rep for the company and asked her for emails or literature that they are required to provide their employees which contain this very important information.  She stated it is on the SPD and the employee handbook.  First of all, I do not know what an SPD is because I was never educated or informed of its existence.  I asked her to send me the SPD. I received it as requested and it does state the run out date.  What good does that do me to have it after the deadline has passed.  As for the employee handbook, she would not forward it to me because I was "no longer an employee."  If that were the case, then why did she send me the SPD? Is that not employee privileged information? She probably did not want me to have the handbook because it does not provide any information about the run out date.  I am extremely suspicious of their lack of communication to their employees regarding their FSA run out periods because if I am not informed of the deadline and I do not file my claim in time, I forfeit my hard earned money.  That adds up to a pretty penny if many employees forfeit their money due to lack of communication.  The HR rep mentioned that there were other employees (not just me) who lost their money because they did not file in time...possibly due to the same reason. LACK OF COMMUNICATION for company profit.  I am not sure if I have a leg to stand on but I feel as though something has to be done to prevent more innocent people from losing their hard earned money because this company is nonchalantly withholding or not actively disclosing important information.  Aren't there laws out their to make it mandatory for the employer to inform their employees of such time sensitive information?  Surely the IRS mandates it to prevent such unethical practices? Thank you again for your time.

The information on the Flex account should have been given to you in the form of an SPD upon your enrollment in the FSA plan. This is mandatory to be given to you by the company when you sign up.

The account does revert back to the company when you terminate, you are only allowed to turn in any amounts that were incurred before you terminated.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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