QUESTION

Can I file to be relieved of being a defendant?

Asked on Jan 27th, 2012 on Labor and Employment - Oregon
More details to this question:
I'm being sued because I checked on a reference, denied employment to the candidate, and then the candidate used the denial of employment to sue their old employer (who I contacted for a reference check). The old employer is now suing me for fraud-but I took notes on what I was told, and I only asked what her tasks were when she worked there, and is she re-hirable. They said she is definitely not re-hirable. I was contacted by her (the candidate's) attorney to give a statement on the reference check I conducted, which is now the basis of this lawsuit. I'm about to file an answer to the complaint, but do they have grounds to add me as a defendant (along with the candidate)? Can I file to be relieved of being a defendant?
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1 ANSWER

Kevin Elliott Parks
I don't necessarily see facts here that would ultimately provide a winnable cause of action for fraud, but that doesn't mean that the other company's attorney couldn't ultimately prove a fraud claim.There could be any number of "facts" that you're not aware of, or that the other company might assert. Further, if the former employee/candidate is already suing the former company, that company would be counter-claiming against the individual with whatever claims and defenses may be relevant, and then you'd then be a third-party defendant, in addition to being a key witness for the former employee/candidate plaintiff. It's possible that this procedural tactic is meant to impact your willingness to testify and/or your willingness to help, but it's just impossible to know for sure whether or not there may well be some facts that support a fraud claim. While I have no basis to know or suspect, I would imagine that the other company likely has no real interest in suing you at all they just don't want to get sued by this former employee. But as a defense to that case, they're going to try to allege that the former employee and/or you perpetuated some fraud, with the cost of their legal defense being the relevant damages. In any event, if you're being sued you need to retain an attorney to assist you. Likely this should be done by the company you work for, as it's likely that all of your actions in this situation were done while performing work at the direction of your employer. Thus, your employer, as an entity, is most likely the proper party and not you personally. But they can allege facts that might make just you the proper party, or both you and your company. Of course, do keep in mind that alleging facts and proving facts are two very different things.Unfortunately, there's no simple form to file that would relieve you of being a defendant. Once you're sued you either have to settle the case with the plaintiff, or get the case dismissed via motions. Unfortunately, filing and arguing such motions are not quick and immediate answers, though, and take significant time, skill and experience to draft and execute. Additionally, you may well have counter-claims against this company for suing you without any basis to do so.
Answered on Feb 13th, 2012 at 2:42 PM

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