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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.

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Attorney answers 4

Posted

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

Asker

Posted

Thank you! Yes, it is only the lawsuit that is causing my problems. My hit ratio was great before--and sometimes now they'll show interest and stop dead (Google carries the docket info will be cleared soon). No need for HR counseling. In NYC, most work is freelance basis anyway in advertising. If I'm not an employee, but a contractor, they may not pull a pre-employment report. Many recruiters that have worked with me just ask for new writing samples. Others may screen me out, as will some direct freelance hires to ad agencies. I am told that no corporations will hire me now because fo the filing.

Posted

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 (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

Asker

Posted

Dear V. White, Unfortunately, though you are certainly correct in theory--this is not what is happening in practice.. Appreciate your response greatly.

Posted

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.

Asker

Posted

The case was "dismissed without prejudice" by my attorney. And no, my job search has been directly affected by my lawsuit. I've had 3 interview requests - the HR resp had disappeared and not set the date in-between. It is the filing.

Posted

"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).

Asker

Posted

Dear Morton, You are very kind, and I've looked up our rights with respect to being informed upon a pre-employee report if unveiling a negative issue. Legally, we have a chance to address it. But in practice it is shrouded in secrecy and we'll never know. I'm finding that even freelance opps are not panning out--this is sudden change and odd for me (I have a great advertising portfolio). I've been advised not to address the issue with an employer at all by everyone here—have received the same advice from HR reps. My only chance for legitimate, permanent employment is having a "rabbi", someone such as a former boss to vouch for me/sponsor me. Plus, even freelancing is frequently on a W2 basis, an implied employee relationship—leaving that org open to risk. Without unique support, I'm sadly without hope.

John J. Carney

John J. Carney

Posted

Great answer, lawyers like you are a credit to their profession.

Asker

Posted

Dear Morton, Yes, a prospective employer had told me both orally and in writing that--after having offered me an interview (I had postponed) that, after I had "disclosed", I was no longer qualified. I do not wish to sue my former attorney, but see interest turn to disinterest in a bizarre manner. I am hoping to settle for a rehiring via the Atty Gen of the State. Regards, R

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