Adverse Employer

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LGLE

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Adverse Employer

Post by LGLE » Sun Mar 21, 2021 1:10 am

I'm currently completing the Moral Character application. I hope to get some light thrown on my issue.
Okay, so my last supervisor at work was from hell to the extent that I put in a workers comp and later left the company.
I resigned and agreed to confidentiality agreement. (Badly advised (for reasons not relevant to this issue),by the then lawyer). Anyway, now that i am completing the MC does anyone have any idea what level of candidness is expected.

If I don't tell the truth then for the purpose of the application how will this play out.
Also does anyone have any idea whether my employer also has the discretion under these circumstances whether or not to reveal the workers comp.

Obviously they wont admit they harassed me out of the company and there was no moral turpitude committed on my part but i am still concerned as to what they might say to undermine my application.

Thanks

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cavalier1138

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Re: Adverse Employer

Post by cavalier1138 » Sun Mar 21, 2021 8:14 am

Do not lie.

Your description of what happened is pretty unclear, but from what I can tell, you had a bad job, put in for workman's comp, then resigned. It also sounds like you signed an NDA of some kind. So there was no adverse employment action, but you're not allowed to discuss the circumstances of your resignation.

If that's all correct, then you should read the NDA to see exactly what the parameters are (for example, are you allowed to disclose the existence of the NDA?). Then you have to very carefully word your response to the C&F question to accurately describe your resignation without violating the NDA, or you have to contact your prior employer yourself and see if they'll agree to a limited waiver that lets you disclose the circumstances of your resignation to the bar.

One caveat (because, again, your story is unclear): If the reason you signed an NDA was because you and/or your bad supervisor fraudulently filed for workman's comp, that is much more serious. Consult a C&F attorney.

LGLE

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Re: Adverse Employer

Post by LGLE » Sun Mar 21, 2021 8:26 pm

Hi. Thanks for the response. Signing the non disclosure and my resignation was advised by the lawyer.

My hindsight in respect of this is does involve any thing to do with fraud or any other matter that could undermine my application since my conduct and the lawyer was all above board. I am just referring to the fact that with hindsight my resignation should have stipulated the terms on which any reference should based. I.e truthful honest. I conducted myself beyond reproach at work but I don't trust my supervisor. Was very passive aggressive.

JamezPhoenix

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Re: Adverse Employer

Post by JamezPhoenix » Mon Mar 22, 2021 2:33 am

As someone with CF issues myself, always disclose.
The bar might not find out, might not care, but if it does come up and it was not disclosed it will be far worse. Besides you don't want the anxiety of the "will they, wont they?"
When disclosing don't make the issue any worse or better than it is. A lot of people either apologize too much or don't take it seriously enough. Be sincere, state the facts, give any appropriate context, state what you learned about the experience and move on.

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cavalier1138

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Re: Adverse Employer

Post by cavalier1138 » Mon Mar 22, 2021 10:04 am

I'm even more confused than I was before, but I assume that's at least partially because you can't provide any details under the NDA (or I hope it is--you really need to work on your writing).

The only advice anyone can give you here is do not lie, which includes lying by omission. That possibility should never have entered your mind after three years of law school and even a day of PR.

If your only concern is that this employer will say bad things about you and/or lie to the bar about the circumstances of your resignation, that seems like a remote possibility. Your direct supervisor does not have to be your reference on the bar application. But if you're concerned that you can't accurately disclose the circumstances of your resignation because of the NDA, then get a C&F lawyer.

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