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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I mean, technically potential employers should not be making hiring decisions based on your prior engagement in protected activity. If it’s a public record, they obviously may have notice of that. And I think it would have to be disclosed in a conflicts check if it wasn’t proactively communicated to them, which in my experience would only occur post-offer.

More practically speaking though, this is a small network, and people talk. If you plan on ever having anybody from your former law firm provide a reference for you or to help leverage their network for you, you’d be effectively closing that door. People talk, and if a friend of mine asked me about my impressions about someone I worked with, I’m going to tell them the truth. So could it practically affect your future prospects? Absolutely. Especially if someone with knowledge from your firm laterals somewhere that you later apply to. That’s just a risk that you’ll have to evaluate.

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Yeah, that’s what I expected — additional considerations here are it’s a very small niche plaintiffs’ firm, and I was RIF’d and no one will be a positive reference for me from there anyways. I’ve been up front about the layoff and lack of references there in interviewing with larger firms (where most of my experience lies) and luckily everyone’s been very understanding and I’ve gotten multiple offers. But making a public record of what really went into that layoff, yeah I totally get how a prospective employer would most likely view it as a big negative.

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