Legal Advice Sought

[Dan Stack]

I know some of you out there are lawyers, so this is mainly for you, but I'd welcome advice from anyone in a similar situation.

I also promise not to sue anyone over any advice given!

As some of you know, my employer closed up shop about a month ago and fired the lot of us, about 150 people.

What has become apparent is that the employer was not entirely truthful about the closing and apparently broke some Massachusetts state laws in the way we were eliminated. A lawsuit is being established against the employer.

I'm deciding if I want in. The advantage to being in is getting another two months salary if the case is won.

The disadvantage... I don't know. That's what I'm interested in. My main worry is if a future perspective employer will be able to discover I was part of a lawsuit against a former employer.

Opinions sought. I only request you state where your opinion comes from - just a plain opinion, personal experience, legal knowledge, etc. I understand this is an informal discussion and not professional legal advice, even if it comes from a lawyer.

[mactavish]

A prospective employer cannot legally hold any previous legal proceedings that you participated in against you (obviously). Doing so is, in itself, sufficient cause for legal action (though it would be hard to make a case unless they specifically told you that).

I guess that question that you need answered is, "Is this a class action lawsuit, or am I specifically named as a plaintiff?"

mactavish out.

[The Highlander]

I'm a paralegal by trade, and Mactavish is quite correct.

If you participate in the lawsuit, that can't be held against you by a prospective employer.

I would find out exactly who is filing the lawsuit. If it's a fellow employee (or employees), you have the option of becoming part of the action or filing suit yourself.

And as Mactavish said, you have to ask if you want in on it or not. That choice is up to you.

[qerlin]

Go for it.

[darkwing duck1]

I'm not a lawyer (so you know where I'm coming from)

That said, you gotta figure that if you do join this suit, that that information will get out, if only informally, and while it may be illegal to hold that against you, you also have to realize that any half-way smart employer is going to find some (no matter how remote or small) thing OTHER than that to blame for not hiring you, or simply giving no reason at all.

Call me cynical, but I don't trust employers any farther than I can toss them. Too bad you weren't union, then you'd have a united front to fight with.

[Dan Stack]

Yeah, in the end I've chosen, for the time being at least, to opt out.

It's for two months pay, which legally I believe I'm entitlted to, but I imagine I'd have to return the unemployment money. Add in legal fees and I wonder if it's worth it.

Then there's the worry of retribution down the road. Illegal to do so, but small comfort when unemployed with a family to support.

I'm going to try to put this bad experience behind me. Thankfully I start a new job on the 12th which will make it easier to do so.

btw, despite being a small government, non-regulation type, I am a believer in unions. I like the idea of strength through numbers. Pity there's no engineering unions...

[The Highlander]

Originally posted by Dan Stack
Yeah, in the end I've chosen, for the time being at least, to opt out.

It's for two months pay, which legally I believe I'm entitlted to, but I imagine I'd have to return the unemployment money. Add in legal fees and I wonder if it's worth it.

Then there's the worry of retribution down the road. Illegal to do so, but small comfort when unemployed with a family to support.

I'm going to try to put this bad experience behind me. Thankfully I start a new job on the 12th which will make it easier to do so.

btw, despite being a small government, non-regulation type, I am a believer in unions. I like the idea of strength through numbers. Pity there's no engineering unions...

I hate to say it, but I believe you've made the right decision.