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    rlrl2010's Avatar
    rlrl2010 Posts: 85, Reputation: 3
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    #1

    Sep 28, 2011, 03:46 PM
    Judgments and public record
    Way back when I used to listen to the radio lawyer Bernard Meltzer(aka "Uncle Bernard" RIP) I remembered him telling some callers who wanted to sue their employer not to do it because a future employer could always find out about it and it might make them look "sue crazy"

    Is every party whether it be a defendant of plaintiff part of the public record when there is a judgment or is it only the defendant who is in the record when they are hit with a judgment? Or is the plaintiff who wins part of the public record too?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 28, 2011, 03:52 PM
    Both parties in a lawsuit become part of the public record of that suit.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 28, 2011, 03:56 PM
    Both are part of the public record. Plus the employer may merely tell them that the employee sued them.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 28, 2011, 04:51 PM
    Not only are the names of all parties to a lawsuit (plaintiffs and defendants) public record, but it's not merely the judgment (the ultimate conclusion of the suit), but all papers filed in the case (unless sealed). So, depending on how deep one wants to dig into the public record, almost every aspect of every lawsuit filed in this country is public record and available, in theory.

    Quote Originally Posted by Fr_Chuck View Post
    ... Plus the employer may merely tell them that the employee sued them.
    If you are suggesting that any employer sued by an employee is subject to some sort of a gag rule, you are incorrect.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #5

    Sep 29, 2011, 07:22 AM
    If you are suggesting that any employer sued by an employee is subject to some sort of a gag rule, you are incorrect.
    I think what he was saying is that they wouldn't have to go as far a public records check. The former employer could just tell them during a reference check.
    rlrl2010's Avatar
    rlrl2010 Posts: 85, Reputation: 3
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    #6

    Oct 1, 2011, 11:45 AM
    Well to shift the topic a little bit, if an employer loses and the plaintiff(employee) wins, technically the employer was in the wrong, so what do you think about the plaintiff being "sue crazy" in the eyes of a prospective employer who has checked public records?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Oct 1, 2011, 03:50 PM
    Not necessarily. Each lawsuit is different but if the plaintiff has filed and won many such lawsuits in the past, then quite frankly that person would be deemed lawsuit happy and not a good risk as a potential employee.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Oct 1, 2011, 04:12 PM
    Quote Originally Posted by rlrl2010 View Post
    well to shift the topic a little bit, if an employer loses and the plaintiff(employee) wins, technically the employer was in the wrong, so what do you think about the plaintiff being "sue crazy" in the eyes of a prospective employer who has checked public records?
    To be "sue crazy" one would have to have several lawsuits. Even then, if the suits could be justified it may not matter.
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