Laguna Hills, CA asked in Employment Law for California

Q: How to answer question “Have you ever file a law suit against your employer?”

How to answer question “Have you ever file a law suit against your employer?”

If I filed a law suit and the hearing date was scheduled, but the hearing never took place since the case was resolved with a settlement.

Can I say “I have never filed a lawsuit” since the case was settled before the hearing?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: No you cannot.

The question is whether you have FILED a lawsuit, not whether you took the case to trial. If you filed a lawsuit and then settled, the honest answer would be yes.

That said no employer is allowed to ask you that question, so if this in an employer related document, it would be good idea for you to speak to an attorney about this.

Good luck to you.

Brad S Kane agrees with this answer

Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: No. You filed the lawsuit and can be fired later for being dishonest.

You should carefully read the settlement agreement to determine if there is a confidentiality provision limiting what you can say about the case. Sometimes you can say "it was amicably resolved."

If the case involved discrimination or sexual harassment claims, then those should be exempt from the confidentiality provision. Since this is complicated, you should discuss it with your original lawyer.

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