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Questions on HR matter can you advise on this as well? TX…

Questions on HR matter...

Questions on HR matter can you advise on this as well?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

TX but the employee is in FL

Lawyer's Assistant: Has anything been filed or reported?

NO before we modify an offer letter we want to check if that does not violate the non discrimination law can you help or do I need to talk to someone else

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No it is a simple matter but preferred HR expert

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Answered in 3 minutes by:
3/8/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,244
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please explain the situation and why you are afraid it would violate the discrimination laws?

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Customer reply replied 1 month ago
I am asking your advice from the employer's perspectives.We had two employees and we've paid the employees' 80% of their health insurance premium and they are responsible for the remaining 20%. When we hired a new employee two weeks ago, he has opted out the company's insurance plan and decided to keep his previous employer's plan under the cobra extension, 18 months. Now the problem came up from the way to pay his portion. He increased his salary to cover his 20% and planned to pay his portion from his end, but our PEO (professional employer org) has very strict rules in terms of reimbursements. They said they can't manage/trace his COBRA payment, the 20%, as non-taxable reimbursement, because they don't have a code. (I understand, for some cases, COBRA payment should be reflected on Sch. A 1040 ). Of course, he did not want to report his cobra payment on sch. A. FYI. the 80% will be reimbursed to him with a live check from the company.As an employer, we don't want to mislead our other employees that we pay for the 100% of his, new hire, premium; for they are responsible for 20%. We want to keep the same rules 'apparently' and 'actually'. This is what I thought it may work.1. We will reimburse his the 20% through our PEO company as non-taxable reimbursement (their code for this is not for COBRA, but using it anyway) and request the new hire to provide us with his receipts. If we do so, I think it won't violate tax codes as well.
2. We will need to modify his offer letter, as below:Original offer letter on his salary:
IDENTEC SOLUTIONS, INC will pay you a starting base salary at the rate of $ 130,000.00 per year, plus a bonus of $10,000.00 - based on targets as defined by IDENTEC SOLUTIONS, INC. In 2019 the bonus will be increased to $ 30,000.00 payable in accordance with the IDENTEC SOLUTIONS, INC’s standard payroll schedule and the Variable Compensation Scheme (VCS), beginning 19th of February 2018. This salary will be subject to adjustment pursuant to IDENTEC SOLUTIONS, INC’s employee compensation policies.Modification: (as an example), ………..a starting base salary at the rate of $134,000.00 per year,( including a 20% of Cobra reimbursement of employee’s portion for the first 18 months), ….., beginning 19th of February 2018. (Your current portion of annual premium is $3,263.01 and this will be deducted from your base salary and reimbursed in a monthly basis at the 1st payroll of each month. Your portion of premium will be adjusted by actual costs)We will reduce his salary to $130K and the $4K will be reimbursed in a monthly basis. Do you think we will be OK in doing so?I am looking forward to hearing your advice.Thank you,
Ji

Thank you for your reply.

As long as you require receipts for the payment of the 20% from the employee, you are correct it would not violate the tax rules and it would be a permissible way of resolving this matter for the 18 months anyhow. You may want to address how this will be handled after the 18 month mark in your agreement, since you do mention 2019 in there for change in bonus, you would want to mention what will happen with the insurance situation too.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
Although you directly pointed out, it sounds like this way resolve the tax rules and non-discrimination concerns... Will modify the offer letter with the points you mentioned.... I'd like to say that once the 18th expires, he would follow the general plan & benefit rules at that time. Is it ever possible to write this with your legal mind and charge us?Thank you!

Thank you for your reply.

Yes, it would avoid the tax and discrimination concerns. You can say that upon the expiration of the 18 months, his salary will revert to whatever and he will be automatically placed on the general plan.

Legally we cannot write these letters for anyone from this site, it is forbidden by state laws.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,244
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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