Employer Strategies for Responding to Employee Demand Letters: Legal, Strategic and Ethical Considerations

Evaluating Whether to Settle or Take Preemptive Action; Determining What to Include or Exclude in Response

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, January 19, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to employers’ counsel for responding to demand letters sent by or on behalf of current or former employees prior to filing a lawsuit. The panel will discuss legal, strategic and ethical considerations for employers’ counsel in evaluating whether to pay the demand, make a counter offer, or take preemptive legal action in response to the demand. The panel will also discuss strategies and best practices for determining what to include or exclude in the response to avoid creating potential harm for the employer in future litigation.

Description

An employer’s response to a demand letter received by or on behalf of current or former employees sets the tone for the litigation and ultimate resolution of the case. Upon receipt of an employee demand letter, employers’ counsel must carefully evaluate whether to pay the demand or provide a different response, taking into account legal, strategic and ethical considerations.

When crafting a response to a demand letter, employers’ counsel must ensure that they do not include facts, admissions or other statements that may have an adverse impact on the employer in future litigation. Truthfulness, accuracy, reasonableness and consistency are critical. In addition, counsel should consider whether to file a preemptive motion in lieu of a response to gain a position of control over the litigation and/or to curtail or weaken the employee’s future arguments.

Listen as our authoritative panel discusses how employers’ counsel should proceed upon receipt of a demand letter sent by or on behalf of a current or former employee, including a discussion of legal, strategic and ethical considerations.

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Outline

  1. Considerations in determining whether to respond to the demand letter
    1. Legal
    2. Strategic
    3. Ethical
  2. Deciding what to include in the demand letter response
  3. Effective preemptive strategies upon receipt of a demand letter

Benefits

The panel will review these and other key issues:

  • What are the key considerations for employers’ counsel when evaluating whether and how to respond to employee demand letters?
  • What are some of the pitfalls employers’ counsel have confronted when responding to demand letters and how can they be avoided?
  • How can counsel use preemptive actions as leverage in response to employee demand letters?

Faculty

Adrian Hoppes, Esq.
Adrian Hoppes, Esq.

Holden Law Group

Ms. Hoppes represents employers and managers in state and federal litigation and in the defense of administrative...  |  Read More

H. Scott Johnson
H. Scott Johnson

Member
PCT Law Group

Mr. Johnson routinely represents Fortune 500 clients in employer-employee disputes arising under Title VII, and the...  |  Read More

Judith Bevis Langevin
Judith Bevis Langevin

Partner
Zelle

Ms. Langevin focuses her practice on employment litigation. She has built a prominent career defending employers...  |  Read More

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