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Q&A

Status of Domestic-Partner Benefits in Michigan

05/01/2007

Q. In November 2006, Michigan passed a constitutional amendment that prohibits the state from recognizing non-marital unions. We have employees who are seeking health insurance benefits for their domestic partners, who are of the same sex. Does the Michigan constitution preclude us from agreeing to provide health insurance for our employees and their domestic partners?—L.S.

Can we terminate a manager who got drunk at our annual company event?

05/01/2007

Q. Our organization has a four-day annual meeting for our managers, directors and leaders from 40 offices across the United States. The evening before the meeting ends, we host a large, fun, casual theme party. During this year’s party one of the sales managers from an affiliate office became so intoxicated that she had to be held up and escorted back to her room, where a hospital medical staff member stayed with her to make sure she was OK. The following day, she skipped the remaining meeting sessions and took an early flight home. Is this grounds for dismissal?

Does health insurance discriminate against single or childless workers?

05/01/2007

Q. My company pays health insurance for all spouses, children and domestic partners of my co-workers. I am single and don’t have children or a domestic partner. Am I being discriminated against since they receive more benefits than I do?

Do a Passed-Over Worker’s Complaints Against a New Boss Count as Harassment?

05/01/2007

Q. A more senior employee was recently passed over for a promotion because a newer employee is clearly more qualified. Now that this person is the boss, the more senior employee has filed several petty complaints against her. Although we are aware that these complaints are completely invalid, as the HR department, we have to take them seriously. But it is a shame for the new supervisor to have the complaints piling up in her file. Is this considered harassment?

Personal liability for HR professionals?

05/01/2007

Q. I know that my company can be sued by my current and former employees for its employment actions. Do I, as an HR professional, have personal liability for my participation in employment decisions?

How to discuss late hours without bringing up family obligations

05/01/2007

Q. We have a position open in our sales department for someone who will be planning and executing company-sponsored events, most of which would take place outside normal 9-to-5 working hours. Is there a way we can ask about the applicants’ family situations and make it clear that missing these events because of family obligations would not be tolerated?

Give documents to terminated employees?

05/01/2007

Q. Must I give employees copies of their reviews, terminations or disciplinary items? They are in their personnel files, but I don’t want them running to an attorney. We are not terminating or disciplining employees with any illegal intent, but these days you can never be too careful. –A.D.

Can we make smokers pay higher premiums?

05/01/2007

Q. I have to admit I am not a fan of smokers, but what really concerns me is the cost they are adding to our benefits programs. I don’t think it is fair to the nonsmokers that their costs should keep going up year after year when it’s likely smokers are fueling a part of that cost. Can I make smokers pay more in premiums?—S.S.

Pay back for training costs

05/01/2007

Q. Training in our field is pretty specialized and expensive. We don’t mind investing in our employees, but want to make sure that we get the benefit of the training. We have a requirement that newly trained employees must continue to work for us for at least six months following their training, or they are required to pay back the company. Our problem is how to make sure they pay it. Can we deduct it from their last paycheck?—D.B.

Quit or fired? That’s the question

05/01/2007

Q. We had an employee who was not working out. We gave her the choice of resigning or being terminated. She chose to resign. We were happy because we understand that an employee who resigns is not entitled to unemployment compensation under Texas law? Are we right?—S.G.