Should I sue?


Alice and her friends answer questions that you don’t want to ask your preceptor, peer, or colleagues regarding your career in science. Send your questions to Alice’s attention via .

Dear Alice,

“No matter the outcome, the confrontation will be difficult to recover from.” —Alice

I realize that my situation here is untenable, but when I have applied for jobs at other institutions, I have learned that references from this institution are lukewarm and even suggest that I may be uncooperative and difficult. I have tried switching to another division here without success.

I feel that there is nothing left for me to do except go the legal route. I have never been involved in a legal suit of this kind. How should I proceed? How much will it cost? What kind of outcome can I expect?

—Trampled On

Dear Trampled,

I am not a lawyer, but if you were a friend, I would advise that you think very hard before going the legal route. Here are some things for you to consider before you even talk to a lawyer:

  1. Do you have legitimate gripes, and can they be substantiated with documentation?

If after considering these questions you still are interested in going the legal route, consider what kind of outcome would be best for you: staying at the same institution or moving away with compensation for what has been done to you. Then, if you signed any contracts or agreements when you were hired or promoted, take a careful look at them and see if there are any stipulations you have not followed that they could use against you. Here is another thing that you should consider: How good is your documentation of your complaints? The litigation will have to be based on more than hearsay.

Finally, consider your resources. Do you have up to a few hundred thousand dollars or more to spend on legal representation, or do you plan to ask your lawyer uncle who needs the work?

Your uncle the lawyer probably is not a good option. You’ll need a local lawyer with plenty of experience litigating human resource issues, particularly at nonprofit institutions. They are not easy to find. Many lawyers will offer their services, but few have the experience. There are some feminist lawyers who have concentrated on such litigation. Large firms with patent lawyers may also have some individuals who are experienced. Don’t sign on unless you have met the person and are confident that they can help you.

Most cases will be settled by arbitration, led by your lawyer. You would be surprised at how many individuals quietly obtained tenure or received adequate compensation to leave. Other cases, though, have led to long, drawn-out battles (especially in the 1970s, when a few brave women put themselves on the line.)

Let me repeat: I’m not a lawyer, and this is not legal advice. It’s a personal perspective from one who has seen many such cases unfold.

No matter the outcome, the confrontation will be difficult to recover from. Expect disruption in your life even if you eventually get all that you wish.

—Alice

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