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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Thursday, January 19, 2017

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

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MSRP
$297.00
$247.00
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Discount expires 8/29/25

This course is $0 with these passes:

CLE
ALL

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.

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.

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?