Joseph Beachboard

Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

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Q. One of my employees recently informed me that she needs to take time off to seek psychiatric treatment. I realize that this employee may be disabled under the ADA, but could she also be considered to be suffering from a serious health condition under the FMLA?

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Q. We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

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Q. Is it legal to institute a policy requiring all new hires to submit to a consumer credit report?

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Q. I’m aware that California law generally does not allow employers to use noncompete agreements. Are there any noncompete agreements that California courts will enforce?

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Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?

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Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to check into a rehabilitation program. May we deny his request?

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Q. With the new school year under way, can you ­give me a rundown on the rules governing our obligation to grant workers time off to participate in their children’s school-­related activities?

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Q. Our company requires male employees to keep their hair short. However, a recent applicant has stated that his religion does not allow him to cut his hair. Will requiring him to cut his hair to get the job violate federal law?

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Q. Our company recently hired a deaf employee who communicates exclusively by written notes. We are finding that this process is time consuming and adversely affects productivity. May we require that both the deaf worker and his supervisor learn sign language and terminate their employment if they refuse?

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