Legal Question in Discrimination Law in Arizona

misconduct

7 months ago in Dec.2008 I sent a fax to an employer about a woman who I knew had a felony record. I recieved her criminal record from the state of california. She was not let from the job. Now 7 months later she has been fired. She wants to take me to court for sending the papers. Can she do this.


Asked on 7/20/09, 6:36 pm

1 Answer from Attorneys

Blake Simms W. Blake Simms, P.C.

Re: misconduct

Thank you for the inquiry. Honestly, it is difficult to say whether this individual has against you any sort of claim. A lot will depend on your motive for sending the information. If you run a company that provides background checks of employees, you should be fine. If you are a former employer and sent this information pursuant to a request from a subsequent employer, you are probably in no real danger of being subject to a judgment.

If, however, your purpose in sending the documents was to cause her termination and your motives were spiteful, she may have against you a valid claim of intentional interference with contractual relations. If she were to advance one of the claims and win and you have assets with which to satisfy a judgment, this would cause for your significant problems. As always, I suggest you meet with an experienced litigation attorney to obtain more detailed advice.

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Answered on 7/20/09, 6:46 pm


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