How can suing an employer affect my career?
I am curious to know, If a person takes legal actions against their employer, how can that affect the employees life, career and future?
5 attorney answers
It may. It depends on the claims, if they are brought in good faith, etc. Some employers may frown on an employee who sued a prior employer, but again, depends on the facts, etc. In many instances, a future employer may never learn of your lawsuit.
Books could be written on the subject. This forum isn't really suitable for all the 'what-ifs ' if an open ended hypothetical question.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Lawsuits are a matter of public record that other employers, if they do a background check, may discover, which may dissuade them from hiring someone. That being said, if you have legitimate claims, you should consult with an employment attorney to determine your options because you should not give up your legal rights out of fear. There are also other ways of handling legal matters, such as pre-litigation mediation, that is far more confidential than a public lawsuit.
Suing an employer may have several effects that are very hard to fully predict. Lawsuits are public records easily discovered by someone motivated to find them. A simply database search for a few dollars can locate lawsuits. A few keystrokes more and future potential employers can read the allegations of the lawsuit.
Some employers may shy away from an employee who has proven he or she has the moxie to sue their employer. If you are ever treated unlawfully in the future, there is no doubt a prior lawsuit against an employer will be discovered and attempts will likely be made to paint the employee as overly litigious or overly sensitive, or worse, a liar and user of the legal system to make money.
Litigation can change people. They can become bitter, depressed and angry. Litigation will keep festering emotional sores open and unhealed for a lengthy period of time. Stress associated with litigation can wear people down emotionally and physically.
Litigation should never be entered into lightly.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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