Civil Lawsuits

[Chiral]

My question involves labor and employment law for the state of: Any state

When a background check is done and when a name is asked to be put down does it need to be exactly as that mentioned in the social security (with middle name) or can it only have first and last name only. I am the plaintiff in a civil lawsuit that includes foreign defendants which include national agencies, my landlord and my employer. The lawsuit was dismissed for want of jurisdiction due to sovereignty of the foreign national agencies. Future employers may find the case in which case what are the consequences I may face for such public exposure? Currently trying to suppress the sites.

[PayrolGuy]

Any future employers are going to have your full name and that is what they will run the background check on.

But if it makes you feel any better I know if no employment background checks that look for civil suits.

[pg1067]

When a background check is done and when a name is asked to be put down does it need to be exactly as that mentioned in the social security (with middle name) or can it only have first and last name only.

I don't understand what this question means. What does "when a name is asked to be put down" mean? Asked by whom? Put down where? Even if limited to the employment context, a "background check" may take any number of forms. Obviously, if one has a relatively unique name, a middle name might not be needed. However, a middle name might be needed for someone with a common name.

I am the plaintiff in a civil lawsuit that includes foreign defendants which include national agencies, my landlord and my employer. The lawsuit was dismissed. . . .

You mean you were the plaintiff. Out of curiosity, what was the connection between the "foreign defendants" and "national agencies" and your landlord and employer (which I assume are actually a former landlord and employer)?

Future employers may find the case in which case what are the consequences I may face for such public exposure?

If a prospective employer finds out about the case, it might conclude it doesn't want to hire you. If a current employer finds out about it, it might choose to fire you. Obviously, no one here can predict how any given employer might react since you provided no facts about the case. I will say, however, that most employers aren't going to search for civil litigation involving an employee or prospective employee.

Currently trying to suppress the sites.

What sites?

[Chiral]

That's definitely reassuring. I have read on sites that future employers may be worrisome that they may be next in line for a lawsuit after learning that you sued your former employer. That they supposively will move on to another applicant who hasn't had the moxie to sue their former employer. I am thinking of a what if scenario in which a potential employer will find out my full name and then type it in a search engine, which will bring up the case. Another what if scenario is if they can affiliate me with that case as it can be another person with same name and so on. I'm paranoid these days that the future employers will find out about it at some point.

[cbg]

I'll take it a bit further.

I have been in some form of HR and/or benefits since June of 1979. In all that time, I have never once, when conducting a background check, investigated whether or not an employee had been involved in a civil suit. Nor have I cared whether they have or not.

[Mark47n]

That's definitely reassuring. I have read on sites that future employers may be worrisome that they may be next in line for a lawsuit after learning that you sued your former employer. That they supposively will move on to another applicant who hasn't had the moxie to sue their former employer. I am thinking of a what if scenario in which a potential employer will find out my full name and then type it in a search engine, which will bring up the case. Another what if scenario is if they can affiliate me with that case as it can be another person with same name and so on. I'm paranoid these days that the future employers will find out about it at some point.

An employer would have your full name. They wouldn't have to search for it, you'll provide it on one form or another.

An employer can choose not to hire you for virtually any reason that's not protected as a matter of law. Suing former employers is not one of those reasons. That said, I don't know how they would know unless you chose to tell them.

You case isn't private, it's a matter of public record. If an employer were to bother digging so deeply then, sure they could find it.

As to 'moxie': you mention a lawsuit that involve foreign nationals, foreign agencies, your landlord and your employer. I cannot envision a scenario that would bring all of these entities together in a manner that they could all be involved in a single lawsuit. If you have filed all of these suits individually I would be troubled, as an employer as you are a litigious person and they can often be more trouble than they are worth for many reasons. In short, it's not about 'moxie' (a weird word choice), it's about allocation of resources. If hiring you will consume more resources than it should, and it's known at the outset, then why would you be hired?

[Chiral]

This post has answers to the questions posted above:

The connection in mentioning the national agencies and the former landlord as well as them being foreign defendants is that it will all be distant from employment here in the U.S. The lawsuit had six defendants and included a mix batch as mentionef above. The first and only ruling, which was a dismissal doesn't mention employment at all and the only words that allude to it is ' wrongful termination .' The majority of the ruling (which is the content i am concern will be found) dealt with the foreign government's national agencies and how international law can't reach due to immunity as a result of sovereignty. The sites are the third party organizations like leagle.com and docketbird.com, which have published the ruling on the internet. Since its considered public knowledge it seems there's nothing i can do, but to try to suppress the sites. The happenings in the case and as mentioned in the ruling took place in a foreign country thats non-western.

[pg1067]

I have read on sites that future employers may be worrisome that they may be next in line for a lawsuit after learning that you sued your former employer. That they supposively will move on to another applicant who hasn't had the moxie to sue their former employer.

Maybe so. If John worked for and filed a frivolous lawsuit against Company A, then yeah, Company B may be hesitant to hire John. Of course, Company B has to become aware of the lawsuit. If John discloses that he worked for Company A, then Company B might find out about the frivolous lawsuit by calling Company A for a reference. If John doesn't disclose that he worked for Company A (i.e., lies to Company B about his employment history), then Company B might never find out about it. On the other hand, if John had a legitimate claim against Company A, and Company B does not stray from legal practices, then Company B should have nothing to worry about. The distinction between frivolous and legitimate litigation is one of the reasons I asked questions (which you ignored) in my prior response.

I am thinking of a what if scenario in which a potential employer will find out my full name and then type it in a search engine, which will bring up the case.

Unless your case was resolved at the appellate level and resulted in a published opinion or received unusual publicity, there's virtually no chance of that happening because trial court records are generally not available via general internet searches.

Another what if scenario is if they can affiliate me with that case as it can be another person with same name and so on.

And maybe a prospective employer will find a lawsuit that someone with the same or a similar name filed and assume it's you and not hire you for that reason. In the world of "what if" and abstract, hypothetical questions, virtually anything is possible.

As to 'moxie': you mention a lawsuit that involve foreign nationals, foreign agencies, your landlord and your employer. I cannot envision a scenario that would bring all of these entities together in a manner that they could all be involved in a single lawsuit.

Yup (and the "explanation" in post #7 in the thread is all but unintelligible).

[Chiral]

An employer would have your full name. They wouldn't have to search for it, you'll provide it on one form or another.

An employer can choose not to hire you for virtually any reason that's not protected as a matter of law. Suing former employers is not one of those reasons. That said, I don't know how they would know unless you chose to tell them.

You case isn't private, it's a matter of public record. If an employer were to bother digging so deeply then, sure they could find it.

As to 'moxie': you mention a lawsuit that involve foreign nationals, foreign agencies, your landlord and your employer. I cannot envision a scenario that would bring all of these entities together in a manner that they could all be involved in a single lawsuit. If you have filed all of these suits individually I would be troubled, as an employer as you are a litigious person and they can often be more trouble than they are worth for many reasons. In short, it's not about 'moxie' (a weird word choice), it's about allocation of resources. If hiring you will consume more resources than it should, and it's known at the outset, then why would you be hired?

I was a pro se and did not file them separately, but rather all in one single lawsuit. Cause and applicable law is diversity action.

[cbg]

The bottom line is that while an employer might accidentally find out about the lawsuit, it won't be because they went looking to see if you'd been involved in any.

Could it fall into their laps by accident? Sure it could. I've found out things about my employees by accident when I wasn't looking for it.

Is it likely to come to their attention as part of an employment background check? No, in fact it is highly UNlikely that this will happen.

What will happen if they do find out? Could be anything from nothing at all to their firing/refusing to hire you. No possible way to guess.