How Retaliation Lawsuits Affect Future Employment Opportunities | Mann & Elias
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How Retaliation Lawsuits Affect Future Employment Opportunities

Connect with The Best Employment Retaliation Attorneys in LA

Hostile work environments can drive the average employee to quit their job, from emotional abuse to harassment and discrimination. Outside of the exponentially bad day, working in a toxic space justifies your need to speak with an employer and file a lawsuit when they engage in prohibited employment practices.

But in no way should it affect your job search if you were among those who filed a lawsuit with the Equal Employment Opportunity Commission (EEOC) in 2020. If it does – chances are you could be experiencing retaliation. The best thing to do if you were retaliated against by an employer at work is to consult with the experienced attorneys at Mann & Elias.

If I Sue My Employer, Will It Be Harder to Get a Job in The Future?

Suing the company you previously worked for can put you in a difficult position if you’re applying to other jobs, as it hypothetically tarnishes your record as an employee. If you’ve already won a settlement, prospective employers are unlikely to find out about the suit. Though individuals who are still going through a prolonged legal battle experience more push back from companies that become privy to their situation.

Retaliation Example

Suppose you were working for a moderately sized company. The work environment was hostile toward men of color. You addressed your concerns about comments and racial jokes made on the job with the manager. Instead of filing a report and investigating the issue, she takes it out against you. Negative performance reviews and drastic changes in pay ensue, eventually leading to termination. An employment attorney eases the stress associated with filing an EEOC claim and lawsuit a few months later.

As it’s pending, chances are you’ll be looking for another job. Most people in this position often ask, “Can I be denied a job because I sued my last employer?” The answer is no. They might be less inclined to hire you because of your current legal circumstances, but they cannot base their decision on a lawsuit. Unfortunately when hiring managers find out about any legalities, they often worry the candidate is litigious and could do the same once they’re onboarded. California and federal laws consider that illegal retaliation. And it shouldn’t deter you from challenging the unjust employment decision if there’s evidence tying it to your legal battle.

Try To Avoid Another Lawsuit

Under normal circumstances you might feel encouraged to file another retaliation claim when potential employers haven’t offered you a job. An attorney for the workplace would suggest otherwise. It’s challenging to prove that the company was going to hire you, let alone determine the employer’s intentions during the decision-making process unless you had:

  • Written confirmation that the company was going to hire you before learning of the lawsuit
  • Interview questions about your previous employment, hinting that you sued

How To Increase Your Chances of Getting Hired Post-Lawsuit

Before you apply for the job, we recommend following these tips to avoid another retaliatory conflict based on what happened with your previous employer.

  • Look online. What do the employers see that could gauge their decision?
  • View what your previous employer has been posting online – companies will look into this as well.
  • Did they send a poor reference? That might warrant a lawyer to file a defamation claim with your lawsuit.
  • When in doubt, you could address the lawsuit during your interview if the situation permits. It allows for open communication (if applicable). Before going to extreme lengths, discuss with our skilled attorneys first to increase your chances.

About Mann & Elias 

The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems. While there are thousands of lawyers to choose from, we strongly believe our success is based on:

  • 50+ years of trial experience
  • Excellent advocacy skills
  • Intense preparation and research
  • Quality care

When your case is in our hands, we hope to minimize stress and concerns associated with work. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.

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