Author: Legal Week
18 Mar 2010 | 10:23 | 10 comments
"I'm a senior associate at a City firm and was recently offered partnership at a rival. The management here have convinced me to stay on, and promised that I would make partner within the year if I moved out to Dubai. I even had written confirmation that this is what would be the case.
"I moved my wife and two young children out to Dubai for our new life, anticipating a promotion within months, but as the annual promotion round came closer it became apparent I was not being considered. The announcement was made and my name was not among the new partners.
"I feel like I've been shoddily treated by the firm that I have spent so much time, with but I'm stuck because the offer of partnership at the rival firm has been retracted and I cannot find anyone else to take me as a partner. Do I stay and hope that partnership comes my way or jump ship and take the risk of not making partnership at a similar firm?"
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COMMENTS (TOTAL 10 COMMENTS)
Happens all the time and it stinks. Times are hard and promotions get cut but firms don't want to lose good associates who should make the grade. The solution? Buy time and string 'em along for a couple of years with a foreign posting, hoping you can get it signed off later (even though you know the odds aren't great), or just to hold on to a high-billing associate a bit longer.
Anonymous -18 Mar 2010 | 13:27
The only piece of advice that I would like to offer is the following: do not leave for the benefit of leaving, but leave for a better opportunity. Do not think about your firm but think about your own personal interest! Be a 'new age associate'!
Anonymous -18 Mar 2010 | 17:18
Go to an employment lawyer
Don't you think it is worth going to a top employment lawyer and paying for a few hours of chargeable time?
It seems to me that you have been royally shafted and you would be an idiot for not seeking expert legal advice in this matter.
It may be that you have a case but decide that it is not worth ruffling feathers, but if I were you, I would want to get full clarification on my legal position.
Lionel Hutz -19 Mar 2010 | 10:07
No surprises here
So you thought you'd put yourself in a better position by getting an offer of partnership elsewhere - you don't get offers like that without some input or willingness on your part. You then let your firm know - presumably on the basis you'd like to leverage yourself a partnership there on the back of that information. More fool you, as you then get bought off by a posting to the debt-ridden sandpit which is Dubai and a promise of partnership. Your firm then screw you over (presumably for being so bumptious as to try to screw a partnership out of them in the first place). Regardless of the legal implications of the letter you're clutching, you've been outplayed. I'm not sure you're going to get much sympathy here....
City Woman -19 Mar 2010 | 17:14
Sadly, your story is one heard or experienced all too frequently by many a senior associate; probably even more so in the current economic times.
To your credit, you were savvy enough to get the 'promise' in writing (query to what extent the 'clever' lawyers drafting the relevant doc left themselves plenty of 'wiggle' to argue that this was not in fact what Sr Associate thought it to be...(knowing they had no intention of honouring said 'promise' and/or just in case Sr Associate decided to take action (upon their failure to honour said promise)... hmmm... negligent misrepresentation anyone??), but, do you really want to litigate?
Why not sit tight, continue to build your (already impressive) CV (perhaps even consciously seeking work that will further enhance your CV and marketability), look for the right opportunity, and go for it WHEN (not IF!!) it arises? I would have thought jumping ship at a senior level without a job would be more difficult to explain to prospective 'partner hunters' - such actions perhaps being those of a bitter Sr Associate who was told they were not going to get partnership (because they were not 'good enough' rather than a firm backtracking) - as opposed to a hard working, diligent Sr Associate looking to make the right move at the right time?
Something about do unto others comes to mind... if the firm was all to happy to backtrack and effectively leave you in career limbo, I wouldn't hesitate to take control and look out for what's best for you, your career and family first, even where doing so will be to the detriment of the firm.
Dorothy Gale -19 Mar 2010 | 17:22
On second thought...
Just read City Woman's post - if her point is correct that you tried to play off one partnership offer for another, I'd have to agree with her - more fool you.
If you're going to play that sort of poker game, you'd best be prepared for what happens if you lose... looks to me like your chips are indeed down.
Dorothy Gale -19 Mar 2010 | 17:43
Never accept a "buyback!"
I've been in legal recruitment for over a decade and the statistics are stark - 78% of all candidates who accept buybacks are back on the market within 12 months. Once you have put that gun to your employer's head your bond of loyalty and trust has been broken and a bit like a lot of things in life - once it's gone, it's gone for ever! Don't resign until you are absolutely sure - 110% sure that the new role is absolutely and definitely for you - then stick with the decision and DO NOT GO BACK - it will truly end in tears! Never be pushed into a decision but NEVER resign if you mean it as if your life depended upon it!
Recruitment Guru -24 Mar 2010 | 17:17
Silly
This tale is older than time. I agree with City Woman and Recruitment Guru. It's bad enough when you join a firm on a 'promise' and then get shafted (as happened to me and many others) but to do a 180 on a resignation sounds plain silly. I don't really think that anyone can advise you without more info but I'm struggling to find any sympathy in my usually well-stocked larder. Regarding one of the poster's suggestion of litigation: really? I doubt that the letter will provide a proper smoking gun. And what would litigation achieve?
Not at all Bitter -25 Mar 2010 | 17:09
Stand up for yourself
I disagree strongly with most of the posters above and am pretty clear actually that, in the circmstances you describe, you should threaten to litigate against your firm and start off by raising an internal grievance and make clear that things are going to get extremely messy. I have come across a few of theses cases and unless it is an obvious try-on, the big law firms almost always give in to avoid a fight with staff or partners in the courts or tribunal which is hugely embarrassing and damages internal morale as well as external reputation. They will likely agree a pay off and also give you time to find another job if you play it right.
In the cases I have been involved in the big firms always act tough to begin with and then, once stood up to, crumble in a weak and pathetic manner. Obviously if you ask for a ridiculous amount of money you make it impossible for them and then they will litigate but you should be able to get a six-figure payout pretty easily I would have thought plus time to find another job. It's up to you of course whether you do the scared conservative lawyer thing or whether you stand up for yourself and fight back.
David vs Goliath -26 Mar 2010 | 10:57
stay put
I can't believe people take this opportunity to criticise what you did. Moving a whole family is very hard and what happened is not easy to swallow. The thing is - why not do both things? Look for something else while continuing to try at your same place. Whatever arrives sooner (and in better terms), take it.
George -07 Apr 2010 | 10:54
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