Pregnant and Just Accepted Tentative AUSA Offer

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes. Take time.

does anyone ask if they can defer one of these positions a year?

Funding may be an issue.

[Anonymous]

Anonymous wrote:I would raise it once you are at the point of setting a start date. You will know better then what the best course of action will be. If your proposed start date is say 2 months or less before you are due, I would definitely see if you can defer it to after you have the baby.

+1. I know first hand this is how to handle it and they allowed the start date to be pushed until after taking maternity leave at the firm. Doesn’t make sense for anyone for you to start for a few weeks and then leave for months.

[Anonymous]

I would suggest starting maternity leave at your law firm and resigning with on maternity leave. Is there any reason she can’t do this? We don’t have involuntary servitude in America.

[Anonymous]

OP here: I just learned one additional wrinkle. My firm has a policy that employees are required to repay paid leave if they resign within six months of the leave ending. Ugh.

Should I call my employment lawyer friends and find out if that is even enforceable?

Of course, there is always a glimmer of hope the firm would waive this because they want to maintain a good relationship with someone who will be prosecuting their clients. (I have heard rumors of the firm waiving other policies to suck-up to people departing to work in house). Then again, I should probably not assume that. Sigh.

[Anonymous]

OMG. That is a horrific policy. Is that common in law firm world? Wish you could name and shame without sacrificing your anonymity!

[Anonymous]

Anonymous wrote:OP here: I just learned one additional wrinkle. My firm has a policy that employees are required to repay paid leave if they resign within six months of the leave ending. Ugh.

Should I call my employment lawyer friends and find out if that is even enforceable?

Of course, there is always a glimmer of hope the firm would waive this because they want to maintain a good relationship with someone who will be prosecuting their clients. (I have heard rumors of the firm waiving other policies to suck-up to people departing to work in house). Then again, I should probably not assume that. Sigh.

Uh, that's a major conflict of interest and for a fed to even hint at that is unethical.

[Anonymous]

How are you planning on accepting the offer while remaining employed for months at your firm? That seems to present major representational ethics issues unless you disclose the offer and start date to the firm. At which point they may not let you take the leave, knowing you’re just running out the clock.

[Anonymous]

Anonymous wrote:OMG. That is a horrific policy. Is that common in law firm world? Wish you could name and shame without sacrificing your anonymity!

This is common at firms that have long leaves.
If a firm is paying you 6 months leave, they are doing it so that you are in a good position to return and not be sleep deprived and can hit the ground running. It is an investment so that the firm gets a return on their investment.
You can probably take 6 weeks (medical) without owing the firm $.

How long were you planning on taking after the baby is born?

[Anonymous]

I worked in a litigating division as a trial attorney and then in a leadership role where I was privy to hiring info. It could be different in the United States Attorney's Office where you have been hired (this does vary a bit), but we brought attorneys on board before their background checks were completed; folks would simply begin work, knowing that they could be let go if they were found unsuitable. So, at least in our office, you would probably start before your background check is complete, so waiting for the completion of that wouldn't be something to worry about.

I know this doesn't totally answer your question regarding what you should "do," but hopefully the context helps a bit.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here: I just learned one additional wrinkle. My firm has a policy that employees are required to repay paid leave if they resign within six months of the leave ending. Ugh.

Should I call my employment lawyer friends and find out if that is even enforceable?

Of course, there is always a glimmer of hope the firm would waive this because they want to maintain a good relationship with someone who will be prosecuting their clients. (I have heard rumors of the firm waiving other policies to suck-up to people departing to work in house). Then again, I should probably not assume that. Sigh.

Uh, that's a major conflict of interest and for a fed to even hint at that is unethical.

Yes, WTF?

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here: I just learned one additional wrinkle. My firm has a policy that employees are required to repay paid leave if they resign within six months of the leave ending. Ugh.

Should I call my employment lawyer friends and find out if that is even enforceable?

Of course, there is always a glimmer of hope the firm would waive this because they want to maintain a good relationship with someone who will be prosecuting their clients. (I have heard rumors of the firm waiving other policies to suck-up to people departing to work in house). Then again, I should probably not assume that. Sigh.

Uh, that's a major conflict of interest and for a fed to even hint at that is unethical.

Please. OP is probably not going to literally prosecute people her old firm represents for some period of time for conflict reasons. But usually firms do want to keep good relationships with former employees for lots of reasons. This is even called an “alumni program” at firms. AUSAs become judges and general counsel or just other attorneys the law firm wants to have a relationship with.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OMG. That is a horrific policy. Is that common in law firm world? Wish you could name and shame without sacrificing your anonymity!

This is common at firms that have long leaves.
If a firm is paying you 6 months leave, they are doing it so that you are in a good position to return and not be sleep deprived and can hit the ground running. It is an investment so that the firm gets a return on their investment.
You can probably take 6 weeks (medical) without owing the firm $.

How long were you planning on taking after the baby is born?

Would a law firms literally sue former attorney to recoup this money? That seems like a lot of drama a law firm wouldn’t want.

[Anonymous]

Anonymous wrote:I worked in a litigating division as a trial attorney and then in a leadership role where I was privy to hiring info. It could be different in the United States Attorney's Office where you have been hired (this does vary a bit), but we brought attorneys on board before their background checks were completed; folks would simply begin work, knowing that they could be let go if they were found unsuitable. So, at least in our office, you would probably start before your background check is complete, so waiting for the completion of that wouldn't be something to worry about.

I know this doesn't totally answer your question regarding what you should "do," but hopefully the context helps a bit.

From OP: Thanks so much for this answer! The HR person seemed to explain that there was a two-step check process and I could start after step one while the second step remains pending. Honestly, my preference is to start as soon as possible, get settled, take 6-8 weeks when the baby is born, and go back. I have an older child so I am not delusional about how hard having a baby is. My husband can watch the baby at home during his generous leave when I go back.

[Anonymous]

You probably won't say (I get it), but if you are talking USAO DC, they start in classes. The next one is April, then July, then October, etc (every three months). My strong recommendation is to be honest with USAO about when you want to start and why. Ask for October -- then you get firm maternity leave and can hop to the gov. I came from that office and it is fun, but very hard. There is not a lot of flexibility in terms of coming in/working from home and it's hard to take time off. If possible you'd stack your maternity/partner leave so there is someone at home your first three months on the job, which is the hardest.

[Anonymous]

I feel like a lot of people are being really short sighted. I suspect many aren’t lawyers. I would not do something that is going to piss off people at your old firm. DC is a small legal community and you may be looking to go back to that firm in a few years when you’re sick of USAO and looking to put your kids in pricy private school. Or those partners will end up your boss as political appointees.

You make a crap ton of money as an associate at BigLaw. If you have to take some unpaid leave, I would do it. Don’t be penny wise pound foolish with your career. FWIW, I am a lawyer and took 12-14 weeks of unpaid leave with each of my three kids.