I left my job on February 2nd. The company had a policy that would let us take out $5000 pre tax from our paychecks each year to use for dependent care (daycare, senior living, etc for immediate family members). Prior to quitting I talked with the payroll company and they said I have 45 days to use the remaining funds after I quit, $1270.37. Well that wasn't true I found out in March when I tried to pay for a month of daycare and the charge was declined. Turns out I had 45 days to submit a claim that must be dated prior to Feb 2nd. The money that was not spent was sent back to my employer instead of me (payroll company said this was an IRS rule). Money was sent to them on April 3rd. I've been talking with our HR director since I was aware of this issue and he kept saying he “would look into it” for months but now he's not even responding. Can I take them to court to get my money back?