Moving in Biglaw After Being Fired Forum

[Anonymous User]

Some questions for anyone who has been fired from a Biglaw job and successfully landed another.

Here's my story: Was fired from a large firm in NY on Day X. The official termination date was X+14, but I had to turn over my key card, was cut off from email access, etc., on Day X. Severance runs till X+14+90, and I'll stay up on the website during that time. I'm around Day X+25 right now and have a handful of interviews starting next week.

This seems different from a lot of other folks, who get let go but are still employed (albeit with no expectation of billing, etc.) -- because if anyone ever called to confirm my dates of employment, they would say I worked there until Day X.

Wondering In terms of being on the website during a severance period, for those that have gone through this and then landed other big law jobs, what did you put when asked (after getting an offer) for your dates of employment? I've got 3 months severance, plenty of website time, but I'm worried that, if my offer is contingent on confirming my dates of employment, I'm going to have to eventually say that I left the firm -- even though I'm presenting myself as still there (because I'm still on the site). But, again, severance is different than still employed.

Any insights welcome. Thanks, KD.

[QContinuum]

Very sorry - I know you're in a very difficult position. Though congrats on lining up multiple interviews already!

You don't have to say on these fora, but my initial concern is why you were fired. Is this a common practice at your (former) firm? I understand it's pretty atypical for lawyers to be fired and escorted from the premises immediately - usually that only happens if there was some kind of misconduct. It's far more usual for lawyers to be given at least 2 weeks (and often longer) to transition their matters to other associates. And if you were indeed fired for cause, will your firm share that with background checkers? I'd check with HR to ask what information they'd disclose.

[Anonymous User]

OP here. I'm told they only confirm dates of employment; won't get into whether it was a termination/quit or why.

But I think you're right that it's a little different than the standard case. That's why I'm wondering what people's experiences have been re post-offer background checks, etc.

[Anonymous User]

You should be confirming a lot of this information with the firm's HR representative.

My understanding is that if and when another firm decides to hire you, they will run a background check that will ask to confirm your employment history/dates of employment. Generally the firm that fired you will confirm that you are an employee up and through the 90 day window unless you tell them not to.

For example, on January 1, 2019 you get a new job offer. You tell them you need two weeks at your old firm, or January 15, 2019. You technically have until February 1, 2019 with three months' severance. You reach out to your first firm's HR and say, please have my end date be 1/15/19 and don't pay me any more after that date. You should also reach out to them now to confirm they will verify your employment through the 90-day window, which I'm sure they will, just be friendly with HR.

Another issue is having references. Again I think most firms have policies that attorneys aren't supposed to give references for departing employees. But some will. Some firms ask for it some don't, and some ask but don't actually call. The issue here is even if the first firm's HR will verify your employment dates, the first firms' attorneys you ask for references will not lie saying you were at work the last 1-3 months when you were not. Just have to think through that one. One way around it is to say the firm is disgruntled you were leaving/company policy not to give references (after you are hired and the question for references comes up), I think that is generally well understood.

In terms of how many white lies you can tell, you're unemployed now and the firm is obviously giving you severance and time on the website for a reason. I wouldn't go as far as to make up stories about time in the office when you're not there, but the harder question is if an interviewer asks directly if you have been asked to leave. That is such a personal decision because, again, you are unemployed now and fighting for a job and your future.

Let me know if you want me to PM you. Good luck.

[Npret]

The firm wants to help you get a job. You’re still on the payroll an getting website time so I don’t see the issue.
They aren’t going to give anything more than confirm dates of employment.

[Anonymous User]

The firm wants to help you get a job. You’re still on the payroll an getting website time so I don’t see the issue.
They aren’t going to give anything more than confirm dates of employment.

This is good advice.

Also, you can direct them straight to payroll department by providing their number. Payroll will just confirm dates of hiring (basically, as long as you're still getting paid). Payroll won't say anything else because they don't know who you are anyways.

On the actual background check after you're initially hired, you can always put "no do not contact" after you've been hired. I have never seen a background check that didn't offer that option. It's usually some offshore company doing it anyways. And it'd be awkward for the firm to go, "hey why did you put 'do not contact' on your background check." And if that unlikely discussion came up, then you just answer "oh, I must have clicked the wrong box. Here's their number", in which you give them the payroll number.

[Anonymous User]

OP here. I guess the specific questions I'm wondering the answer to is: Do they confirm my employment up to the termination (the end of the 14 days) or through the end of severance (when I'm taken off the website). My employment technically end on X+14.

I'll reach out to HR for clarification.

The firm wants to help you get a job. You’re still on the payroll an getting website time so I don’t see the issue.
They aren’t going to give anything more than confirm dates of employment.