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ADA, Non-compete Agreements and Workplace Investigation

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I need some help in conceptualizing these questions:
1.) How should employers deal with situations in which performance problems might be related to employees' disabilities?

2.) Who should conduct workplace investigations? What are the pros and cons of using internal versus external investigations?

3.) Should employers use non-competition agreements or other restrictive covenants? If so, under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a restrictive covenant with a previous employer?

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Solution:
1. The employers should deal with situation in which performance problems might be related to employees' disabilities by clarifying with the disabled person the quality and quantity of work expected of her. The employer should also provide the disabled person a fixed timetable to complete the work. If the disabled person asks for reasonable accommodation, the employer should provide such accommodation. The employer should use the same evaluation criteria for employees with disabilities as for employees without disabilities. However, the employer should provide training required to perform the job properly. The training should be provided to the disabled person in such a manner that the disabled person may perform his task in a different but efficient manner.

2. The employer is required to carry out workplace investigation. For example, if there is a complaint of bullying, it is the responsibility of the employer to carry out workplace investigation. He may retain legal counsel in connection with the investigation. Next, the employer will have to decide whether to carry out an ...

Solution Summary

The solution to this problem explains issues related to ADA, non-compete agreements, and workplace investigation. The references related to the answer are also included.

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