Filing a lawsuit against an employer: career suicide?

Question

Ladies, I need your opinions and advice. I'm in a horrible situation and need to decide what course of action to take. I was terminated abruptly by a top ranking executive in March. It's very clear retaliation for making equal pay claims. There were no performance issues, they didn't follow their own corrective action policy, and the list goes on. I have a top employment lawyer who tried to negotiate the severance agreement they gave me but we are at a stand still. It's likely to get any type of fair damages, I'm going to have to litigate. My questions to you are the following: 1) is this career suicide as future employers see this public suit?, 2) any tips on explaining this to future employers if I have to move forward? 3) is this information usually visible in typical background checks? 4) any other helpful info or advice. Thank you in advance.

Janet Parkhurst · Answer

Dear Anonymous, 
First of all, it's great that you already have top employment lawyer! They are tough to find; most defend companies, not employees. Do not be afraid! Here's why. Did you know Suze Orman sued her employer (Merrill Lynch) WHILE WORKING FOR THEM? So, anything is possible. What's more, you're paving the way for other women by speaking out in a most public way. I would love to know: does this company have a 'history' of terminating employees? If so, that is a huge one for your side! I contemplated suing an employer who tried to get me to quit by graphically 'manipulating' my appearance on the company website to what visibly amounted to a 20-pound 'weight gain.' He argued that it was 'just an image,' not me, personally, and therefore, he could do whatever.  (What was next? No clothes?) My attorney, who was, unfortunately, on the brink of retirement,  said that was most certainly a 'hostile workplace environment' and a great case. Additionally, he had fired 16 people prior to me! Seriously, I would do it. Unfortunately for me, I couldn't find an attorney who would take my case. (It was too 'out there' for most.)

We women have to speak up and do whatever it takes to preserve our right to be respected in the workplace and treated with dignity. Just like any man would.

Sara Bruno · Answer

Good for you for addressing equal pay and getting an employment lawyer!! I don't think it is career suicide, but that may be because I think there is more to life than your career. Go with your gut on this and stand up for yourself (and others). I wouldn't mention this to a future employer. If for some reason they are aware, I would keep your explanation short and vague. I run the background checks for the company I currently work for, I don't believe something like this would pop up on a background check - but I'm not positive. Do what you believe is right, don't doubt yourself.

LORI-ANN BURLINGAME · Answer

I have a few questions. Do you work in an 'Employment at Will' state? If you do, your employer can terminate your employment at any time. Did you have an Employment Agreement or Contract? If you did and the company breached it, you might be able to sue them for Breach of Contract. Did  you file a claim for unemployment? If you did and the company denied it, they would need to explain 'why.'

On January 28, 2020, I was discharged without 'just cause.'  I  spoke with several different recruiters, but one gave me some very sound advice. She explained that by law companies can only give start dates, end dates, and your salary. They are not going to volunteer any other information.

In addition, should you proceed with a law suit, you cannot discuss this matter with anyone and neither can the company. (I have three attorneys in my immediate family, and dated one for several years.)

This is a challenging situation; however, stand tall -- you will get through it.

Katie Henderson Ladyboss752675 · Answer

I had to advocate for myself in a personal injury situation with an institution that had authority over a department in which I had a job that I loved. This sounds complicated, but the emotions I experienced were similar to yours. I questioned whether to proceed, and even worked with a hypnotist to increase my confidence! I didn't hire an attorney, but I took a stand and succeeded in getting a reasonable settlement. I still have the job! I think the advice above is sound. I commend you for standing up for yourself. You will learn and grow in the process. I don't think you will regret it. I think you will benefit, and you certainly will benefit others in a similar situation. Thank you for posting and good luck!

Filing a lawsuit against an employer: career suicide?

You're invited.

See what women are sharing on Fairygodboss.