Job applicant is suing your company: Can you refuse employment?

While interviewing George Rudin for an electrician’s job, Maintenance Supervisor Carl Greene remembered that, although well qualified, Rudin was suing the company on the grounds that one of its products had made his wife sick.

“Sorry,” Greene told the applicant, “we can’t hire a guy who is suing the company.”

“I don’t see why not. I’m as qualified as any candidate you could name.”

“That may be, but there’d be an adversarial relationship to begin with. Lotsa luck with your lawsuit.”

“You’re not getting rid of me that easy,” Rudin groused. “This is out-and-out discrimination. No law says I can’t file two suits at the same time.”

Question : Is Greene within his rights to reject an applicant who is suing the company?

Walpoole’s decision: “No job for this character,” Plant Engineer Matt Walpoole ruled. “He’s right that he’s being discriminated against, but for good reason. It has nothing to do with the standard discrimination no-no’s such as race, religion, age, sex, or physical handicap. No law says we have to hire a person who is out to get the company. Not all forms of discrimination are unlawful.”

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