Law School Graduate Sues over Revoked Offer

Most of us wondered when (not if) it would happen--a backlash from deferred associates whose offers were ultimately rescinded.   Recent  UC Davis Law School graduate Sarah Martinez is suing Howard, Rice, Nemerovski, Canady, Falk & Rabkin for offering her a position, then deferring it and now reneging it entirely.  The firm reportedly claims it does not have the resources to hire associates for the foreseeable future.  In the suit filed in San Francisco Superior Court, Martinez  alleges breach of contract, racial discrimination, and sex discrimination.  Martinez, whose heritage is Mexican, claims that during the time her offer was deferred, the firm went on to recruit and hire white  male associates.

According to Law.com, Martinez' attorney Kathleen Lucas has been contacted by two other deferred associates who were put in the same bind when there offers were also rescinded. 

Law.com quotes Lucas as saying, firms are king in a weak job market, adding, "Lawyers by and large, are afraid to make much of a wave because they've got their future ahead of them....her (Martinez') view is that her career is already so damaged, and that, frankly, the money she's already lost is so significant."  The firm reportedly referred to the suit as meritless, claiming the complaint is factually incorrect.

While the suit is interesting and the rescindment infuriating, the real issue here isn't the end game but the deferment itself, that block of time between the offer and employment. This "dead-space" so to speak is the danger of deferment, a milieu of wait-and-see where recent grads linger on promises, and in so lingering, reel in their sense of urgency.

Deferment sounds good because the word "employment" is tacked on to the end, but the real word to focus on is "deferment."  It might be a promise of employment, but it's also the possibility of running a race without a finish. And therein lies the moral - Beware the waiting! Deferment shouldn't be a breather period; it should be the maintenance of your options, a time to keep moving forward with possibilities.  Ask yourself, "Is my plan really so concrete?" What if, as Ms. Martinez discovered, the light at the end of the tunnel won't stay lit? While your future is on hold, there's no harm in moving forward. It might resonate as an oxymoron (your future on hold but still moving forward), but there's a danger to deferment as evidenced by the Martinez situation. Simply put, don't rest on your deferment laurels. In this economy, pro-activity rewards much better than reactivity.

Sources:

LawBiz.com

Law.com

The Recorder, Howard Rice Sued for Deferring, Then Dumping, New Hire, (8/19/10).