Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

We interviewed a candidate for a position and all looked

good. We then asked a...
We interviewed a candidate for a position and all looked good. We then asked a colleague from another company who had previously hired the candidate and asked what they thought of the candidate. The colleague advised that she is "nuts" and we shouldn't hire her.In sending an e-mail to our manager, the owner inadvertently copied the candidate on the e-mail. We then received a e-mail from the candidate which was very respectful and she explained that she had worked well with the colleague who called her nuts and she gave us several documents
in her Resume packet, showing examples from said colleague and high-profile clients stating what an exceptional job she was doing. and offered to provide us with that would recant the Colleague's statement. Our concern is if we do not offer her the position can you offer any guidance on whether we could be sued for discrimination based on her knowledge of what the colleague advised?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
1/25/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
Ok thank you. I look forward to receiving your answer.

New Jersey is one of the few states that doesn't have any laws specifically regarding references. Most states give employers legal immunity from defamation lawsuits – which means that the employer is not subject to liability and cannot be sued -- for information they provide to prospective employers, as long as the employer speaks honestly and doesn't go beyond the specific types of information laid out in the statute.

There's potential liability on not only your part but the part of the referring employer. Namely, they made a statement "nuts" that can easily be inferred to have a mental disability. What he probably meant in fact is that she is difficult to work for, but it can also be interpreted different ways. And if she does in fact have a mental condition, she has shown that she can do the job, so she fits the definition of disability under the ADA. The referring employer also have potential claims of defamation, interference with contract, and intentional infliction of emotional distress. If you don't hire her you probably will here from an attorney claiming discrimination on her part; sorry to say.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
Let's say that we offer her the position and in her offer letter advise that she is being hired and the first 90 days is an "introductory or probationary" period as we do with all new hires and then in that 90 days realize she is not working out and fire her would we still be liable?

Probably, but you have to have a legitimate non-discriminatory reason for the termination. The 90 day period isn't a per se protection from her claiming discrimination - though your hire of her does largely dispel that you would have a discriminatory animus toward her

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
Experience: Exclusively practice labor and employment law.
Verified
John and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
Thank you for your expertise and guidance. Much appreciated.

Welcome.

Ask Your Own Employment Law Question
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
5,799 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,799 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Need to discuss a discrimination issue. Looking for a
need to discuss a discrimination issue. Looking for a colorado lawyer that can protect my interest with a hospital in Pueblo Colorado … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
As a HR Director, I filed a harassment, discrimination and
As a HR Director, I filed a sexual harassment, discrimination and pay inequity complaint against the CEO to the Board of Directors. The Board of Directors conducted their investigation interviews with… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Lawyers that handle age discrimination cases and race cases.
Lawyers that handle age discrimination cases and race cases … read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
I have a question about age discrimination. With both
I'm 65 years old. I gave a year's notice (January 2017) from my job because I'm the EA to the president of our company. That is what other EAs at the position have done. A few weeks after I gave notice they posted my job and hired someone immediately. She's 40 years old. I told them it was way too soon and I had given notice as of March 31, 2018. They told me not to worry that I would have my job until I left. They immediately had me train her and told me to find special projects to work on until I leave. I told them no that it was my job until I left. They told me to work on special projects and then just go home and travel, play with grandkids, whatever. My boss said it was a sweet deal and I should take it. I couldn't get him to put anything in writing. So now I have completed 5 special projects. The CEOs office is planning a retirement party for me December 15 and I will just stay home until March 31 and get my pay and benefits. Today the HR manager said I misunderstood and there were other projects to work on. I am just done with their lying and taking my job and giving it to someone else. What are my options?… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,464 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
I have a question I was out for ADA leave until August 11 of
I have a question I was out for ADA leave until August 11 of 2017. Due to a car accident My employer just today put me on performance improvement plan (PIP) for the last 60 days. which cover the month of August and September meaning that covering the time while I was on leave. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My question is in regards to a racial discrimination
Hi, My question is in regards ***** ***** racial discrimination complaint I filed with my employer. Am I required to provide them with evidence to support my claim or is it up to them to disprove my c… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the difference between discriminate and harassment,
What is the difference between discriminate and harassment … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
As to our last conversation in July, I was approved for ADA
Hi Doug,As a follow up to our last conversation in July, I was approved for ADA protection for my degenerative disc disease. My condition continues to improve, more slowly than hoped for, but it is im… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I have a question about an ADA approval. To both. At will
I have a question about an ADA approval JA: Have you documented this or discussed it with HR? Customer: Yes To both JA: Is the employment agreement "at will," union, full time or part time? Customer: … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I have a question. If I request ADA accommodations. Does my
I have a question. If I request ADA accommodations. Does my company have to leave me in my current job until they find accommodations. The reason I am asking, the company wants we to move to a differe… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
ADA related - I have debilitating chronic migraine
ADA related - I have debilitating chronic migraine (including of the eye) and the lighting at work recently changed. My dept. has had us work from home for the past 2 plus years and come on campus as … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
I currently have 2 ADA discrimination charges and a
I currently have 2 ADA discrimination charges and a retaliation charge agains my work. I have decided that after 1 year of them NOT accommodating me under ADA, I must resign. … read more
Bill Attorney
Bill Attorney
law
1,422 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x