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Joseph Beachboard

Firing OK for breaking no-dating policy?

02/22/2012
Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?

Is there a way to ensure sensitive investigation records remain confidential?

02/02/2012
Q. One of our employees has just filed an internal complaint claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?

Can we ask about disabilities before hiring?

01/20/2012
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?

Can mental health problems be covered by the FMLA in addition to the ADA?

01/20/2012
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?

What are the rules on setting a late policy?

11/18/2011
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?

Can we require credit reports for applicants?

11/18/2011
Q. Is it legal to institute a policy requiring all new hires to submit to a consumer credit report?

Are any noncompetes enforceable in California?

11/18/2011
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?

Must we grant time off for rehab?

09/16/2011
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?

Does the FCRA cover private eyes looking into workers’ comp fraud?

09/16/2011
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?

What kind of time off must we grant for employees to attend school-related activities?

09/16/2011
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?