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I Received a Right to Sue Letter. What’s next?

If your employee has received a right-to-sue letter, they have been granted permission to file a lawsuit against your company in court. As an employer – do not ignore that letter! Taking this matter seriously and the proper steps to address the letter right away is essential to limit costs and potential damages.

Here are some steps you should consider taking:

  1. Contact an Attorney: You should consult with an attorney specializing in employment law as soon as possible. They can help you understand your legal rights and obligations and provide guidance on how to proceed.
  2. Review Your Policies and Procedures with your attorney: Review your company’s policies and procedures to ensure they comply with all applicable local, state and federal employment laws. If there are any issues, make the necessary changes as advised by counsel to avoid future legal problems.
  3. Gather Evidence: Gather all relevant documents and evidence related to the case, such as employee records, emails, and any other correspondence with the employee. Remember, as an employer you have a legal obligation to keep all records at least 4 years.
  4. Respond to the Lawsuit: If a lawsuit has been filed against your company, you must respond within the specified time frame. Your attorney will guide you through this process.
  5. Consider Settlement Options: What are they? It depends! There are many tools available to settle a case, from settling out of court through attorneys, mediation, arbitration and more.  You should consider any settlement options that may be available to you as one way to limit your costs as an employer.

Remember that every case is different, and it is essential to seek the advice of an experienced labor & employment attorney to ensure that your legal rights are protected. For more information contact the  Employment Lawyers at Chauvel & Glatt.

The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-881-3021.


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