Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
3/8/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,790
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?

Ask Your Own Legal Question
Customer reply replied 4 months 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.

Ask Your Own Legal Question
Customer reply replied 4 months 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: 125,790
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 125,790
125,790 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

125,790 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
There is a position open in my company but I can't apply
There is a position open in my company but I can't apply because it is listed as a "Spanish Speaker Only" Is this fair? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,177 satisfied customers
Possible EEOC claim? Massachusetts. None. Short version:
Short version: Terminated on May 18th. I had one perceived performance issue 5 weeks before. Advised manager that I was on a medication that may have modified my abilities. She stated that she did not want that kind of personal information about me but I told her I felt it was important for her to know. 3 weeks later she stated that she just didn't;t think I was a good fit for the role and would give me a week before she made up her mind. I asked for actionable feedback to help improve my perceived performance issue and she would not give me any. After 4 days, I had 3 massive panic attacks while on a work trip outside of the country and let her know that I was suffering from anxiety and needed to talk. She didn't have time to talk. I asked for a meeting with HR twice and was told they were too busy. I was terminated the day I returned from my trip for "fit".… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,177 satisfied customers
Thank you for being there this morning. My husband was
Good morning! Thank you for being there this morning. My husband was offered a job (signed the offer letter). The company bought him plane tickets for training, and even sent him money to buy specific… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,790 satisfied customers
I think I might be in breach of a non-compete clause.
I think I might be in breach of a non-compete clause … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,553 satisfied customers
I have a US district court notice to appear for a violation
I have a US district court notice to appear for a violation of taking rocks from a national park. I am also getting a background check by a prospective employer. Will the violation show on my record p… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
Could you please help me for my case. I am looking for
Could you please help me for my case.I am looking for lawyer work with me to file my case. I am living in plano.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
I'm looking to find an attorney to review a separation
Hello I'm looking to find an attorney to review a separation letter with severance for me. Is that something that can be done online and with a quick turnaround? … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,039 satisfied customers
If our sales person release the goods without collecting our
hi, if our sales person release the goods without collecting our customer's payment, it will result uncollectable AR, can we deduct those AR amount from the sales's salary? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
Can anyone answer Employment Law? Missouri. No. I have 20
No. I have 20 years in an got put on suspension. Will probably be terminated. Need help on termination agreement. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
I am scheduled for a show cause hearing (advisement only)
I am scheduled for a show cause hearing (advisement only) for non payment of spousal maintenance. since the initial filing in December, payments have been made but ex has deducted items from the Janua… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,790 satisfied customers
I was put on paid suspension for something that i did not
I was put on paid suspension for something that i did not do. I work for FedEx Ground. I have been there for 10 years. We have a seal verification process that when paperwork does not match when drive… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My daughter is a Certified Nursing Assistant. She works for
My daughter is a Certified Nursing Assistant. She works for a place called Barton House. She's been there 6 months. She just received her 6 month review, received perfect scores in all categories. Som… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am having an up coming surgery which may be due to cancer.
I am having an up coming surgery which may be due to cancer. I live and work in fl. I have beem employed here for 5 years and out of the blue I have been put on a work plan due to poor performance. It… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
i feel that i am being descriminated at wok. times are slow
i feel that i am being descriminated at wok. times are slow and they said we had to cut hours to help make it. my hours were the only ones cut. i am still expected to do the same amount of work as bef… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
is it considered harassment if a manager treats one employee
is it considered harassment if a manager treats one employee different that another or is it discrimination? can discrimination be about something other that race, sex national origin, creed......… read more
Lisa M.
Lisa M.
Post-Doctoral Degree
109 satisfied customers
I travel hanging Wallpaper all over the united states. I live
I travel hanging Wallpaper all over the united states. I live in Fl, exempt from Workman's comp, have Liability/licinse. I work 50+ hrs a week, My invoices in a month equal About $5,000. This particua… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
About Elder LAW....I have power of attorney for my 96 yr old
About Elder LAW....I have power of attorney for my 96 yr old mother. Her residence has been in Fl. I live in TX..She may have to move in with me because we can't find anyone to move in with her and he… read more
socrateaser
socrateaser
1,031 satisfied customers
I was on long term disability after two surgeries (April 2008
I was on long term disability after two surgeries (April 2008 went out released by my doctor to return to work May 2009). While recuperating from second surgery received a letter stating that my job w… read more
attySince1978
attySince1978
Doctoral Degree
925 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x