Would suing your former law firm for ADA discrimination and discriminatory termination (assume one has a strong case after checking confidentially with a number of employment discrimination lawyers) be a black mark on future employment with law firms (regardless of whether you win or lose)? And does it depend on whether those future employers would be small law, midsize firms, or biglaw firms (all of them would be in a different state)?

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Well, if you were hiring someone for your small practice and their background check showed they had sued their employer (and the matter resolved informally, there was no judgment on the merits), would you hire them?

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Yes; and no it would not depend on the size of the firm.

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Yes, I think it would hurt your chances at future employment if they did the diligence to find out about it (which might depend on size but not necessarily in a predictable way you could control). And this is not the question you asked, but even as a plaintiff’s lawyer, I wouldn’t sue my employer for discrimination. Too much mess and stress.

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For disability discrimination? Very uncommon, especially after attorney’s fees and costs (and taxes)

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it would be a black mark imo

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The middle ground is to resolve your claim via non-public processes, like mediation or arbitration.

Many claims against law firms are settled via negotiations, long before there are court filings.

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This is true. I’d be shocked if you’re an associate and your agreement didn’t have an arbitration provision. I think all partnership agreements I’ve seen have them. Along with confidentiality provisions.

Your employment contract w the firm may have an arbitration provision FWIW

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You also might be surprised what an employment discrimination lawyer thinks is a “strong” case. Did you ask both plaintiff- and defense-side employment litigators? I’m on the defense side and I have never thought a plaintiff in one of my cases had a “strong” claim for ADA discrimination (“decent,” “worth settling,” sure, but not “strong”). There’s almost always evidence of poor performance or that the accommodation is unreasonable.

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Is this true ??

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Hi Fishes,

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