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I have a lawsuit that was filed (discrimination, disability) but never litigated. It is killing my chances of getting a job.

Long Island City, NY |

If I incorporate and work for a co as a corp (vs an individual) either on an employee (if possible) or contractor (possible) basis, will that make the corp more comfortable that I will not sue them, too? Unlikely to get docket sealed even tho it's a closed case. Advise? My life has been ruined by my fmr attorney who coerced me to file.

Attorney Answers 4

  1. I know this is easy for me to say, but have you thought about whether you would want to work for a company that wont even talk to you about the suit?

    That being said, a company cannot employ another company as an employee. You may get on as an independent contractor, but that can be a hard row to hoe (Midwesternism). But almost all companies are still going to look at YOUR background.

    Are you sure the lawsuit is what is causing your problems? You may want to speak to a good placement service and investigate.

    Good luck!

    If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165

  2. I have not seen many clients have difficulty obtaining work simply because they pursued their claims in Federal Court. You may have a potential failure to hire claim, but we cannot be certain from the facts provided so contact an experienced employment attorney.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

  3. Well you can also see if the other side will agree to waive any attorney fees and costs and if so, dismiss your case? You can also state your case if it comes up in an interview? Maybe your failure to find work is related to other issues than your lawsuit? Why don't you seek out an employment counsellor or employment professional for some advice?

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  4. "killing my chances of getting a job..".

    It may be -- or may not be-- the case. Has a prospective employer told you that orally or in writing (unlikely)? One problem with all discriminatory practice is finding/getting "evidence", particularly difficult regarding the application process. If they did give you "smoking gun" evidence, that might give rise to an EEOC claim since the EEOC claims/believes the "retaliation" that is prohibited under its laws include pre-employment "retaliation". But, that said, another filing/action doesn't get you the job, in all probability. Further, a senior attorney at the State's Human Rights office (state equivalent of Federal EEOC) informs me that he doesn't believe there is a law or procedure that will assist you based on facts you relate, unfortunately.

    As a practical matter, you'll probably have to live with it. Send in your resume to prospective employers and if your get an interview, explain in a way that makes you seem non-litigious, Ii.e., "lawyer wanted to, I withdrew, I just want to work".

    "incorporate and work for a co as a corp..."

    Becoming an independent contractor (1099 vrs W-2) may help in some situations, but if a employer is looking for employees, that's is normally what they're looking for, so becoming an entity doesn't seem to be a practical solution to the underlying problem you believe exists.

    The above comment is intended as practical comment, and is a general AVVO response and not "attorney client advice", since I'm not "engaged" by you (as your lawyer).

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