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I am personally being named in a discrimination suit, should I waive the service requirement? And how will this affect my future

Canoga Park, CA |

I was named personally in a discrimination suit along with the company I work for. I was the plaintiff's supervisor and so the case is a bunch of allegations against me. The claims are totally fabricated. I have nothing against this lady to this day except she is trying to sue us unfairly. I can expand further if needed. But to keep it brief:
1) my company asked me to waive my right to proper service. They have not been able to serve me properly, however the attorneys are trying to reach a settlement and as a condition the plaintiffs requested this. I really don't understand why. Should I comply?
2) what effect can this have on future employment?
3) can I counter sue her for what she is doing to me and my family with her false accusation?

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Attorney answers 3


The company should be representing you on this matter. I would not waive service unless they consent to such.

Herbert Tan, Esq.

The National Newark Building
744 Broad Street, 16th Fl.
Newark, New Jersey 07102
(973) 735-2681 (W)
(973) 735-2682 (F)

Manhattan Office
305 Broadway, 14th Floor
New York, New York 10007
(888) TAN-LAWS



They are representing me and I am assured they will back me fully. What about my other questions?


If the company is agreeable to defending and indemnifying you, then:

1) Yes, you can agree to accept service of proces if it is going to facilitate a settlement.

2) If the terms of the settlement are kept confidential, then you shouldn't have any adverse consequences in future employment.

3) No, you will not be able to counter sue unless you have been damaged. You might have a malicious prosecution claim in the future, but that requires that you win the underlying lawsuit.



A slander or libel lawsuit is one of the hardest types of legal cases to prove. I wouldn't go that route.



To follow up on the other attorney's response, under the labor code, the company is obligated to defend you and cover the defense costs of any actions in the course and scope of your employment.
How will it effect. Generally in not so many ways, except that if someone searches for your name on the court's website, they might be able to see the case filed against you. I am not sure who would want to do that.
Also, if you were to intend to buy a house, apply for a significant loan or declare bankruptcy, while the case is pending, it might be a factor affecting the terms of those deals for you.


Arkady Itkin
San Francisco & Sacramento Employment & Injury Lawyer