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

This CLE course 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.

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.