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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 32928
Experience:  Retired (mostly)
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Please do not close or report this as a duplicate question. Do

Resolved Question:

Please do not close or report this as a duplicate question.

Do you know of a website that lists employee-litigants that a future employer might access that would potentially spook that employer?

This is the 5th time this litigant has sued and we'd like to use this info as we attempt to settle this case.
Submitted: 7 months ago.
Category: California Employment Law
Expert:  Fran-mod replied 7 months ago.
Hello,

I will try to find a California Employment professional for you.
Expert:  socrateaser replied 7 months ago.
Hello,

Customer service asked me to review your question:

Courtlink, Westlaw and CourtExpress, have comprehensive coverage of state court docket listings. These services are not cheap, but since California courts do not maintain a central court case database, one of the above-referenced research services is the only option.

Hope this helps.


Customer: replied 7 months ago.
1. Do you happen to be an attorney?....if not, how are qualified to answer this question?

2. Can you estimate the cost of these services?
Expert:  socrateaser replied 7 months ago.

1. Do you happen to be an attorney?....if not, how are qualified to answer this question?

A: Every person who answers legal questions at justanswer.com has been verified as licensed, active and in good standing as a member of the legal profession in at least one U.S. state jurisdiction. In fact, the verification service that was used to check my background is operated by Lexisnexis, which also operates the Courtlink service, that I previously identified. If you need definitive proof of my verification, you will have to contact customer service. Anything that I might tell you here would be unverifiable, and so of no value (in my opinion). That's why the website verifies contributors -- because customers have no means of doing so independently.

2. Can you estimate the cost of these services?

A: These are subscription services. They do permit one-time searches in some circumstances -- however, as I have a subscription to Westlaw, I have no idea what a one-time service would run. I know that for myself, subscription charges are negotiated with the regional sales representative -- and depends on the numbers of attorneys in the law firm. I'm going the long way around to saying that I cannot estimate the cost. But, you don't need me to estimate anything. You can contact each service and see what you can workout.

The only thing that I can tell you for certain, is that the only way you are going to get what you're after is to pay for one of these services so that you can conduct a search of the docket reports associated with person who you allege has filed the multiplicity of legal actions. There is simply no other alternative. No other services can satisfy your requirements.

Hope this helps.

Customer: replied 7 months ago.
Sorry to ask again.....does this mean that you're an attorney?

Secondly, please review my original question one more time....sounds like there is no obvious website that the typical employer would go to find historical actions of an employee...please confirm?

If so, in Ca., is there a legal mechanism that can we can ask to put in place that can require a potential employee to disclose their legal history to a potential employer?
Expert:  socrateaser replied 7 months ago.
Sorry to ask again.....does this mean that you're an attorney?

A: Yes, I'm an attorney.

Secondly, please review my original question one more time....sounds like there is no obvious website that the typical employer would go to find historical actions of an employee...please confirm?

A: There is no such website, to my knowledge. Moreover, were such a website to exist, it could very well violate Cal. Labor Code 1050, because if just one entry in such a list were incorrect, the website could be found to be engaged in a criminal enterprise -- by effectively creating an employee "blacklist."

If so, in Ca., is there a legal mechanism that can we can ask to put in place that can require a potential employee to disclose their legal history to a potential employer?

A: There is no law that prohibits asking an employee to provide a list of all civil actions in which they are named as a plaintiff. However, if that list were to contain actions brought via the Labor Commissioner (DLSE), then that would violate Labor Code 1102.5, which prohibts an employer from adopting any "policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation."

The Superior Court is not a government agency, so ordinary civil cases would not be within the scope of Labor Code 1102.5. But, any other complaint, such as to the DLSE, DFEH, Cal-OSHA, EDD, or the Workers' Compensation Board, if required to be disclosed and then used as a criterion for employment, would violate the law and expose the employer to liability for unlawful discrimination.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 32928
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you for your excellent, thoughtful answers.

Geoff
Expert:  socrateaser replied 7 months ago.
Thanks for your kind words. Best wishes.
Customer: replied 7 months ago.
May I somehow use your good services for furthur questions I may have both for this lawsuit and the hiring of additional employees of my business?

If so, how do I track you down again?
Expert:  socrateaser replied 7 months ago.
Put my userid ("To socrateaser, only!"), in the first sentence of any new question that you post. The system will send me an alert, and I will track you down.

Thanks for your confidence.
Customer: replied 7 months ago.
Thank you...I will do so....please send me your first name if comfortable so I can address you by your name.

Geoff

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