Ex-MoFo associate claims firm sabotaged her job search

Two former Morrison & Foerster LLP associates offered more details about allegations the firm provided negative references to other employers in retaliation and penalized women who took maternity leave. A U.S. magistrate judge previously dismissed their claims over insufficient evidence and timeliness.

The women are two of seven plaintiffs claiming female MoFo attorneys who take maternity leave are held back on a "mommy track," according to an amended complaint filed Tuesday in the Northern District. Doe v. Morrison & Foerster LLP, 18-CV02542 (N.D. Cal., filed April 30, 2018).

Jane Doe 4 claimed she had successful interviews at Pillsbury Winthrop Shaw Pittman LLP, Goodwin Procter LLP and Baker McKenzie, but in all three cases, promised offers never materialized. She alleged "MoFo sabotaged her employment prospects by providing negative references in retaliation for her decision to pursue legal action against the firm," according to the amended complaint.

Morrison & Foerster, represented by Gibson Dunn & Crutcher LLP in the litigation, referred comment to its previous court filings, in which it denies the allegations and said Doe 4 signed a separation agreement releasing MoFo from the claims she now brings.

In the amended complaint Doe 4 alleged she had begun ironing out terms of her offer with Baker McKenzie, but said the firm reversed course a week later and rejected her.

Baker McKenzie declined to comment. Pillsbury and Goodwin did not respond to a request for comment.

"Upon information and belief, MoFo at minimum stated or suggested that Jane Doe 4 had been fired 'for cause' and/or due to performance issues," according to the complaint. "Such a reference is false and misleading."

U.S. Magistrate Judge Jacqueline Scott Corley disagreed with MoFo and upheld Doe 4's discrimination and wrongful termination claims earlier this month. However, Corley said Doe 4 would have to replead the retaliation claim as causation could not be plausibly inferred on belief alone.

"The additional details we have pled should satisfy the court's concerns," plaintiffs' attorney Andrew Melzer of Sanford Heisler Sharp LLP said in a statement.

Corley also dismissed Jane Doe 5's wrongful termination claim for being untimely.

In Tuesday's amended complaint, Doe 5 said "life-threatening" pre-natal and post-partum health complications prevented her from pursuing legal claims against MoFo.