Tuesday, August 19, 2008

Is it possible for lawyer to get employer hiring and firing records? -

If an employer said, quot;I will fire all you lazy black and hire more asianquot; to me alone. Then proceed with firing me first. How do the lawyer get employer to release records on the number African American he fire and number of Asian he hire in a discrimination lawsuit?

The only way you could get this type of information would be to file a lawsuit against them and your attorney would have to go to court and get file an order to release employment data like this. And that would take something more than your word versus his.

If you file an EEOC suit for discrimination, it is up to the accused to prove they didn t commit the offense. There will be depositions and discovery by both sides. Your attorney can request a subpoena for certain documents to be produced, such as employment records of past employees, a good investigator can then check the race of the past employees simply by going to their house and looking at them. He will probably also interview them as possible witnesses and ask why they left the job.

The lawyer would have to go to court and get a judge to issue an order forcing the employer to release his records. To do that, he d need pretty convincing evidence to make the judge think the order was necessary. If you are the only witness to this statement, and you don t have any other employees who can testify that this employer made racist or discriminatory remarks, the judge isn t likely to bother.

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