Author Archives: Jessica Linehan

Jessica Linehan

About Jessica Linehan

Jessica is a Partner in the Labor and Employment group. She advises clients on a wide variety of matters including employment agreements, non-competition issues, wage and hour compliance, reasonable accommodation under state law and the ADA, and employee discipline and termination.

Quirky Question #246, iKnow where your iPad is

Question:

Our California company intends to provide iPads to all of our sales employees, but to make sure we can locate the iPads if they are lost or stolen, we plan to use the iPads’ GPS capabilities to track their locations.  As an added bonus, we’ll also be able to track the sales employees themselves.  Any concerns with this plan? Answer→

Quirky Question #202, Religious Accommodation

Question:

We have a group of employees who are Muslim and want to be allowed to take additional prayer breaks during Ramadan.   We would rather just have them take the whole day off as vacation rather than work a different shift than other employees with long breaks interspersed throughout the day.  Aren’t we safe telling them that they should take the day off? Answer→

Firing a Registered Sex Offender, Quirky Question # 51

Question:

We are a mid-sized technology company headquartered in California.  We have twelve outside salespeople who travel three to four days a week.  Typically, the outside salespeople visit our office about once a week.  One of our employees in another department informed me that she had been searching the California sexual offender registry and found one of the outside salespeople on the website.  She is very disturbed and upset by this information.

I checked the website myself, and sure enough, he was listed.  Although she interacts very little with the outside salesperson, she was nonetheless very reluctant to continue working with this person and expressed concern about our company keeping him as an employee.  What can I do?  I’m afraid that if we keep him, the reporting employee will have some sort of hostile work environment claim.  On the other hand, if we terminate the salesperson, are we also risking a lawsuit?  Can we fire the outside salesperson based on this information?

[Set forth is another one of our California Quirky Questions. The analysis below was supplied by Jessica Linehan. Jessica, a 1999 graduate of the University of Southern California and a 2002 graduate of University of Southern California Law School, can be reached at 949.932.3675 or by email at linehan.jessica@dorsey.com.] Answer→

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