Legal Question in Employment Law in California

I am a supervisor for a large company. One of my employees is suing my company and has named me as a an individual defendant. The suit claims racial discrimination and harassment by me and failure to take remedial action by the company. The employee was on a fast track to termination based on performance and attendance and filed this suit after a final written warning was issued. The claims against me are unfounded and absolutley false. However, here is the problem for me. I am concerned that my past will be dug up when I am deposed by the employees lawyer. 25 years ago I pleaded guilty to a felony drug charge that was reduced to a misdemeanors sentenced to treatment and probation but left town after completing treatment and only 2yrs of the 3yr probation. I had my background pulled just to see what was out there and the record shows this is pending and has turned back into a felony stating conditions were not met. (long story on why I left and was lied to that tca I am in the process of getting this taken care of and espunged. In the meantime I have been on this job for 21 years and don't want to lose my job over this employee making a false claim (and my failure to disclose 21 years ago). We just had the employees deposition and my attorney had info on my employees criminal history. My depo will be scheduled next so I started thinking ...Is it routine for the attorneys to pull backgrounds? The attorney representing me is hired by and is also representing my company. Should I discuss this with him? Is he going to disclose it to the company? If they do have this record. Can I get fired over this if it comes up before I can get it taken care of?


Asked on 4/14/12, 6:52 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

Your distant criminal troubles are hardly, if at all, relevant to this case, so don't let any questions about it to destabilize you. Yes, attorneys try to dig up whatever they can to paint you as a bad person, but this kind of all information about something that has nothing to do with the current case will not even be admissible in court, in the very unlikely situation, where the case actually goes to trial.

Thanks,

Arkady Itkin

Attorney

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Answered on 4/14/12, 11:09 pm


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