Termination and it's effects on another lawsuit

[Pony1]

What is the name of your state (only U.S. law)? CA

Hello,

I was injured at a work event a couple years ago and received Workers' Comp benefits and treatment, including a small settlement. I currently have certain work restrictions from my Workers' Comp doctor as well.

My employer and I are suing the third party who was running the event, as we feel they are liable for the accident. The trial is coming up in June. The third party's lawyers are attempting to show that: a.)they're not liable for the accident, and that b.) I'm fine and shouldn't be suing.

That said, recently I was recently under investigation and it was made clear by HR I would probably be terminated. They gave me the option to resign, and that, if I resigned, they would say I had to quit because of the injury, and the restrictions around it, were severely impacting my work. HR also said that if I resigned, the investigation would be dropped. My question is:

With this lawsuit pending, wouldn't the other lawyers dig and try to find out if I actually did resign because of my injury or not? And, if they did dig, would HR have to tell them I was under investigation and about to be terminated? Or would HR only say that I resigned because of my injury?

Thanks for your help.

 

[JETX]

With this lawsuit pending, wouldn't the other lawyers dig and try to find out if I actually did resign because of my injury or not? And, if they did dig, would HR have to tell them I was under investigation and about to be terminated? Or would HR only say that I resigned because of my injury?

The FA crystal ball is in the shop for service. We will ask your questions when it is fixed.

Seriously, how the hell would WE know what someone else might or might not do??
Ask your attorney.

 

[swalsh411]

HR could legally disclose nothing, or any true fact, or any opinion about your work history or performance, including you were about to be terminated and details of the investigation.

What they will do is impossible to know or even make an educated guess about because we don't know their policies or practices.

 

[JETX]

HR could legally disclose nothing, or any true fact, or any opinion about your work history or performance, including you were about to be terminated and details of the investigation.

And of course, that is NOT true.
HR can report anything they want.. as long as it is true and accurate. Of course, reporting anything more than start date, end date, salary, etc. is a potential risky area.

It is illegal for a former employer to purposefully give false information for the sake of harming one's reputation or preventing one from obtaining employment. In general, it is inappropriate for a prospective employer to ask questions or a former employer to provide information about an individual's race, color, religion, sex, national or ethnic origin, age, disability status, marital status, sexual orientation, or parenting responsibilities.

 

[swalsh411]

And of course, that is NOT true.

Ok Mr. Smarty Pants. Specifically what part of what I posted is not true?

"HR could legally disclose nothing, or any true fact, or any opinion about your work history or performance, including you were about to be terminated and details of the investigation. "