Not necessarily. If possible, you always want to leave your job on good terms. In certain situations, however, leaving on good terms may not be possible – especially if you need to file a lawsuit against your employer.
Fortunately, suing your employer should not jeopardize your ability to obtain future employment.
How a Lawsuit Can Impact Future Employment Opportunities
In many cases, you can resolve your employment law claim without going to court or making any of your information publicly available. Even if your lawsuit does go to court and become public, potential employers probably won’t find out about it; and even if a potential employer does find out about your lawsuit, it is illegal for them to not hire you because you were previously involved in an employment lawsuit.
It's also illegal for your former employer to retaliate against you by disclosing confidential information or harming your future employment prospects. You may even be able to sue your former employer for defamation if they make harmful statements that are not true.
If you have already sued your former employer, they will likely want to avoid legal trouble in the future.
What About Blacklisting?
Retaliation and defamation (described above) are both illegal, and many states have specific laws that outlaw blacklisting, as well. Blacklisting occurs in certain industries and often presents itself as a literal list of employees that employers in the industry will not hire.
For example, movie studios in Hollywood have a list of people they all agree not to hire – usually names of crewmembers who caused safety issues or disturbances on set.
Often, vindictive employers must lie to get employees on a blacklist, so they can be held accountable for defamation. Because retaliation laws make it illegal for employers to intentionally prevent a former employee from getting hired, you can also resolve blacklisting with a retaliation case.
How an Attorney Can Help Protect Your Privacy
Due to the risk of retaliation, defamation, and blacklisting, you may want to resolve your employment law matter quietly. If this is the case for you, let your lawyer know that you want to protect your privacy and seek a method of settling your claim outside of court.
You and your employer can agree to a severance agreement or a non-disclosure agreement that addresses your concerns, or try arbitration or mediation to resolve your disputes. Some claims, such as those brought under the Equal Employment Opportunity Commission (EEOC), are kept private by default – unless they make it to court.
Always let your attorney know your priorities in an employment law case. If your main priority is protecting your privacy, you will need to find a way to settle. In your settlement agreement, your attorney cannot only recover damages on your behalf but also include a clause that prevents your former employer from making disparaging comments about you.
Your lawyer is on your side, and their job is to help you accomplish your goals in the most favorable way possible.
Step Behind The Donati Shield
At Donati Law, PLLC, every client is a cause we believe in, and we seek to protect their rights and best interests. Our logo is The Donati Shield because we fight to protect our neighbors, friends, and allies.
For more than 35 years, we have been helping employees stand up to their employers, and our goal is to improve the lives of all people in our community.
If your former employer is making it difficult to get a new job after a lawsuit, talk to our team about your rights and legal options – call us at (901) 209-5500 or contact us online to get started today.