Don't give in to pressure to rehire a complainer
Q. A previous employee of the company I work for wants to come back to work here after being away for eight months. She found out about the opening from a co-worker and contacted my boss who has asked me to consider rehiring her. She left us originally to go to a different employer who she said paid higher salaries and now she is looking to return to us. Before I was promoted to supervisor of this department I knew this woman as a co-worker and she would often complain about our boss, who is basically a good manager with a very big heart. She also thought the company wasn't as generous as other companies she had heard about. I got along with her but I am not sure if I should seriously consider her application. Do you have advice on this type of possibly awkward situation?
A. Yes, I do have advice for you. Don't hire her. In my experience, once a complainer always a complainer. It is a basic personality trait that tends not to change easily. Do not succumb to the pressure of your boss or her friend because you are the one who will have to live with this rehire when she starts complaining about you.
Since the workplace that this employee left and now wants to return to is exactly the same place she left, with the same co-workers and the same management, it stands to reason that her attitude about the company will eventually be precisely the same as it was on the prior occasion. So what is to be gained by bringing her back?
People who leave a company often do so because they are dissatisfied and looking for a better situation. After a job switch, when they find that they have made a mistake, they want to return to their home base and soothe the wounds of their error. You are not responsible for helping this woman to feel better.
Jim Cronin, the author of "No Fluff, No Puff; Just Management/Communication Principles that Work," says, "Remember: you do not have a master's degree in personality restructuring and your company is not receiving any federal funds enabling you to profit from ministering to the employment needs of the chronically unhappy."
You might be thinking that this approach is unfair because she could have changed and will appreciate the company this time around after working in a different place and finding them lacking. On this topic, Cronin says there are always exceptions to the rules but in his 30 years of experience representing employers he has seen only two or three real exceptions that have worked out well.
Keep in mind your description of this woman is not one that tells of a highly productive and up-beat employee who left the company for reasons not related to dissatisfaction or frustration. There are times when more acceptable reasons for leaving might suggest a greater success in rehiring a past employee. These reasons could include the transfer or relocation of a spouse, returning to school full time or caring for an elderly parent.
If you find you are pressured into interviewing this past employee, delve deeply into the reasons for leaving her current employer and why she wants to return. Do not interview her until you have other qualified candidates under consideration so that a real choice exists. You can then take a clear position regarding your final selection in filling the job. Remember that as the current supervisor, you will be living each work day with the choice of whom you can rely on to both get the job done and help create a positive work environment.
If you ultimately do choose to hire her, my prediction is that she will soon be bad-mouthing you as her new and inadequate boss who doesn't quite meet her expectations.
Some moving costs tied to new job are deductible
Q. I am relocating to Charlotte, N.C., to accept a new job. My wife and I are moving from Jamaica Plain next month. Unfortunately, this new employer does not pay for moving expenses. Although we are making the move as economically as possible, we still have a lot of expenses due to the relocation. We will probably have to rent an apartment before we are able to buy a new home. My question is, are these costs tax deductible? If they are, how do I go about getting that tax relief?
A. Many of the expenses related to relocating due to a job change are deductible but unfortunately not all. To be eligible for the moving expenses tax deduction one must meet two tests. The first is a test of distance. The new job location must be at least 50 miles further from your former home to your former job. For example, if your current commute from home to work is 33 miles then your new job must be located more than 83 miles away from your current home. The second is a test of time -- one must work at least 39 weeks during the first 12 months after arriving in the new location.
The moving costs that can be deducted must be considered "reasonable" expenses which are incurred when moving your household goods and personal possessions to your new home. If driving, the shortest, direct route should be used and side trips for sightseeing are not deductible. If traveling by car the expense may be calculated by actual cost requiring a detailed and complete accounting through retaining all receipts and records or by using the IRS moving expense mileage allowance of 44.5 cents per mile. The cost of lodging for you and your family members are deductible but the cost of food is not because the IRS says you would be eating anyway.
If you do not drive, then the cost of transporting your car will be covered and the cost of airline or train tickets. First-class travel would probably not be considered a reasonable expense.
House hunting trips are not deductible. The IRS provides a long list of all the possible moving expenses that are not deductible such as, the loss of a security deposit when breaking a lease or penalties charged when paying off a mortgage prematurely, etc.
The form that you use to file for these deductions is "Form 3903-Moving Expenses" which must accompany your next federal tax return.
For detailed information regarding the deductibility of moving related expenses, get a copy of IRS publication number 521 or visit its website at www.irs.gov.
Laws offer protection for those HIV positive
Q. Although I am HIV positive, my fit condition and medical regime have kept me free of the symptoms of AIDS. When I apply for a job, I know that I do not have to tell anyone about my situation but I was wondering if the company can require a test for the virus.
A. It is correct that you are not required to reveal your HIV positive status in a job interview. In addition, it is unlawful for an employer in Massachusetts who falls under the Massachusetts Fair Employment Practices Act to ask preemployment questions such as, "Do you have AIDS?" or "Are you HIV positive?"
The federal law, Americans with Disabilities Act, also provides protections for this type of unacceptable questioning of applicants for jobs. Massachusetts General Laws, Chapter 111, Section 70F, makes it clear that an employer may not require employees who now work for the company, or a potential employee who is being considered for employment at that company, to submit to a medical test for HIV.
Boss's smoking may not be much of an issue
Q. With summer coming soon, it will be my responsibility to host our department's annual get-together. I work in the telemarketing department of a large bank and we are generally a very congenial group. Each year we rotate the person who will host this party in his or her home and this year is my turn. The reason I am writing this letter is that my boss and her spouse are smokers. My husband and I do not smoke and do not want to have any smoking in our house. I am concerned about offending her. Do you have any suggestions for how to deal with her and her husband?
A. Anyone living and working in Massachusetts today is aware of the limitations placed upon smokers. Everyone has also been educated about the dangers of smoking to both to the smoker and those who inhale their secondary smoke. They are also aware of the limitations your bank and other employers place on smoking in the workplace.
Your manager is especially attuned to these nonsmoking rules or designated smoking area policies because she has to enforce them. In other words, this is not as difficult a problem as it may appear to be because we live in a society that has already put smokers on notice about all the places that smoking is not welcome.
When discussing your plans for the party, such as the time and other details, mention that yours is a smoke-free house. The invitation, whether e-mailed, voice mailed or sent by regular mail, should inform everyone, not just the smokers, that your house is a smoke-free zone. When people arrive you might point out that the back yard or the front steps are convenient places to take a cigarette break.
Given the beautiful weather that summer often brings, consider bringing the entire party outdoors if possible.
Linda J.Lerner is an executive coach and a human resources consultant to small businesses and individuals. She can be reached at linda@lernerconsulting.com. E-mail questions to jobdoc@globe.com or mail to Job Doc, Boston Globe, Box 55819, Boston, 02205-5819. 
