Theresa Gegen TX
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You really need to talk to an attorney and go over the facts in detail. You can ask the employee to pay you back, but he will probably say no. Then your alternative is to sue (civil). You need to look very closely at the facts BEFORE you make any…
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Thanks for that great link!!
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And to comply with the Age Discrimination in Employment Act, the employer must give equal benefits (Or equal cost benefits) to employee's over 65. In otherwords, they will still be covered, atleast by a supplemental plan while employed. Good Luck!
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Look very closely at what the actual plan says about who is an eligible dependant. Don't just take the TPA's word for it. Even if the order is not directed at the plan per se, bad things can happen if you fail to exhaust the reasons about why you …
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I would not take the chance on denying cobra. First, you have only rumor that he has another job. If you find out for a fact that he does, and he has been lying about his absense, I would term. This should be investigated!! Second, with COBRA he…
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Since you haven't stated any basis for why the company would want to offer different coverage to different employees, there probably is a problem with discrimination. Without knowing the basis for the distinction, its hard to say whether it is dis…
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You need to get with your ERISA and tax lawyers. It is a very complicated regulation and does have non-discrimanation provision (and rather specific tests) that relate to highly compensated employees. Those provisions can effect whether the plan …
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Under the law, the insurance company, when they get a claim for benefits, has a right to investigate the claim to determine its merit. I have litigated an AD&D policy case where the autopsy (or cornor's inquiry) was a key piece of evidence. (T…
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Here is what the Department of Labor says: Who pays for COBRA coverage? Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurr…
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Is is not illegal to have different group health plans for different groups of employees. This is commonly done in union settings, where the employee's covered by the union have negotiated a specific group health plan, and the employees not covered…
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An employer could generally contract to provide any type of pay and benefits it wants to a contractor. You could buy the contractor health insurance if you wanted to, but it would probably be quite costly. You may just want to consider raising the…
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Good advice, Margaret. I have actually had a client deny COBRA for gross misconduct, then had it upheld when it was challanged (but when it was over, after all the hassle and cost, the client wished they had just given the COBRA notice to the emplo…
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The question is did she have any out of pocket medical expenses during that year? If so, you probably need to pay them (to the extent that they would have been covered). Or if she purchased alternate insurance, she could possibly have a claim for …
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As far as STD, you need to have the employee give you medical information (the dr's note -- not just the employee's word). After you see what the dr says, then you can consider whether you need a 2nd opinion for STD. Also, I would start the employe…
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I do not think that the law requires you to pay any employee (hourly or exempt) for full days that are not worked. The employees obviously think "It's not fair because it is not our fault", but it is not the company's fault either. Since the emplo…
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If you decide you need a second opinion, you need to look at the FMLA regulations. They state specifically when an employer can get a second opinion, how you go about getting one, who can give it, who pays the cost, and what happens when the first …
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You should probably start the FMLA process if it applies to your company. Get the employee to get a certification from their doctor. I would not treat depression any differently than any other illness. Good luck!
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I would either cancel the lunches all together, or have managers and supervisors be responsible for controlling the lunches. In otherwords if you have a specific luncheon topic, the management should control it. It seems to me that your benefits a…
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And some employers may not challange the request if they liked the employee.
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There was a recent 5th Circuit case (federal court of appeals that covers Texas), where this exact thing happened. The employer certified mailed the COBRA notice to the last known address of the employee. The employee had moved w/o informing the e…
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You might want to try looking at the Social Security website. It has a lot of great information on it. Rather than answer the employee's questions yourself, they can probably either email or call the social security administration to find out the …
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The question seems to relate to your company policy and the ADA. Clearly the employee has exhausted FMLA (if out since spring). Does the employee have any leave left under the company policy? If so, and they have a medical provider who says they …
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I think you need to get your executive director in line that this exception is a bad idea and that it is causing administrative problems (also, if another employee requests to do the same and is told "no", there could be a discrimination issue). …
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I have seen a lawsuit where a company did that. Later the company faced a severe economic downturn, with the result that plants closed, many lost their jobs, and the company tried to get out of paying benefits. Needless to say the retirees sued an…
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If the carrier requires 100% participation, this employee's refusal to participate could affect the coverage of all the other employees. I think if you explain that to the employee, she will participate. Putting a charity as the beneficiary seems…
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Generally, what can and cannot be deducted from paychecks is covered by state law. For example, many states require a written agreement to deduct for anything other than taxes and court ordered withholdings (like child support and student loans). …
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My gut feeling tells me that the safer course would be to offer him COBRA now --but you should really spend the money to check with an attorney who is well versed in COBRA. There are some exceptions to eligibilty, for example if the employee gets s…
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This is clearly a question that depends on what state you are in. Some states would require payout, others would not. Good Luck!
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You need to look at both your policy AND your group insurance plan. The insurance plan may spell out when the individual becomes eligible in more detail then your 90 day probationary policy. The insurance plan will carry the day. Good Luck!
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With my last employer (a small one), we started direct deposit in 2000. The cost was about 25 cents a pay period per employee. I am sure that a larger company with more employees could get a better deal out of the payroll service. In fact, even a…