Question: How should employers deal with situations in which performance problems might be related to employees disabilities? Should employers use noncompetition agreements or other restrictive covenants?

How should employers deal with situations in which performance problems might be related to employees’ disabilities?

Should employers use noncompetition 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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