re: Georgia Mistakenly Tells People They Failed The Bar Exam

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Hopefully the Board of Examiners has insurance that would cover this, but it doesn't seem like a sure thing that they would. Then you're talking about the liquidity of a quasi-governmental agency being directly on the hook for these damages.

I wouldn't buy the Benz yet if I were one of these folks affected.

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Board of Examiners will be placed on the hook. I guess depending on insurance policies, etc it may be difficult to collect if you're late to the party, but if I'm one of those affected, I'm offering the Board a chance to pay at least 90% of my actual provable damages and save themselves the cost of litigation.

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if they didn't have a signed contract specifying guaranteed money, and were fired but not given a specific reason as to why, what has been lost?

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I think it would be pretty easy to prove that you're job offer or continued employment was contingent on passing the bar if you were in fact fired immediately after failing said bar.

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I think it would be pretty easy to prove that you're job offer or continued employment was contingent on passing the bar if you were in fact fired immediately after failing said bar.

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I don't know, I work for a pretty big outfit and, like other companies I'm sure, they don't have to tell you why they fire an individual or tell them why they weren't offered a position post interview, in this case I would think that these barristers to be may have been told that their offer was contingent on passing and once the mistake was discovered, maybe the position was re-offered?

If the position is re-offered, there are still lost wages, and if it's re-offered once you are admitted to the bar, that's a pretty clear sign that the offer was rescinded when you initially "failed." If it's not re-offered but an offer is pulled after a failing bar exam result, that's also pretty damn clear. Proving either would not be a problem.

There's no way the GA Bar Association lets this get to trial anyway. They'll settle, and they'll settle big.

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but they probably did tell them that they were fired because they were hired to be an associate attorney, and you can't practice as an attorney without passing the bar.

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I'd be surprised that a law firm would be so candid

on the other hand I have to have a couple of federal licenses to work, along with maintaining other clearances, visas, etc., and if I can't maintain them there is no place for me

How do you even come up with damages? Seems way too speculative. And sovereign immunity?

While they'll be individual confidential settlements, I'd bet no less than $75k per person. UNENFORCEABLE/UNVERIFIABLE BAN BET ON?

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How do you even come up with damages? Seems way too speculative. And sovereign immunity?

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Lost wages for one (if you were fired, or if you weren't fired, but "demoted" or whatever to paralegal while preparing for the next test).

I don't really see how it's speculative at all to say you had a job as an associate attorney making X dollars salary, then you get fired for failing to pass the bar.

As for pain and suffering, I'm sure at least some of these 90 people went to counseling after the false failure.

Every expense incurred associated with retaking the test.

I guess it would be even easier to prove damages if you weren't fired, but rather demoted and paid a hourly rate (which would be a fraction of what an associate would make).

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his continued employment was contingent on being admitted to practice.

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seems pretty cut and dry, he didn't meet the qualifications for the job, was he let go after one attempt, or was he given another opportunity?