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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 110492
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I'm interviewing someone job opening. The candidate told

Customer Question

I'm interviewing someone for a job opening. The candidate told me he would not want us to contact his former supervisor because he has a lawsuit with her. Instead he provided other references from his former team.
I couldn't find any lawsuit involving his names in the California court system. If a lawsuit is filed, i should be able to find it right? Should I look into Federal court too? I thought Federal courts tends to deal with "big deal" issues and it's likely a federal court lawsuit.
Is it legal for me to ask him to provide details of the lawsuit, like the formal complaint filed?
Is it legal for me to to not hire him because of the details of the lawsuit he provides to me?
He's homosexual and the case might be related to it (i really don't know). If I don't hire him after i review his case, does he have ground to sue me for discriminating him again?
Submitted: 6 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It all depends what the suit is about, if it is a discrimination suit or some suit under federal statutes it can be in the US District Court. You can check that in the US District Court clerk's office as it is public record.

If it is a discrimination type lawsuit, you should not ask anything about it, because if you do and you do not hire the person, they can claim it was retaliation for them having a suit filed. You need to leave it alone.

If you are worried about the suit, under CA law, employment is still considered at will, meaning you need no reason for not hiring him. So if you are uncomfortable because he does not want you to contact his former supervisor, then you can not hire him for no reason at all. Forget about the lawsuit or anything else. Just change your mind and not hire him. In order for him to sue, he has to prove it was his age/race/sex/disability/sexual orientation/national origin or retaliation for not hiring him, but if you simply do not ask anything about any of his legal matters and just change your mind and do not hire him because you could not get enough information, that violates no law. You need absolutely no reason at all to not hire him and that is the reason you should use if you are having concerns at this point, "no reason at all."

Customer: replied 6 months ago.
Do you mean the best course of action is to find out about the lawsuit myself without getting any information from him? Because once he tells me about it, it could be related to discrimination and then he can claim I am not hiring him for he filed a lawsuit against his previous employer?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

Yes, the best thing is to not get more information from him, the more you ask him the more ammunition you can give him to claim you retalitated against him for filing the suit.

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