Employers should always seek counseling and guidance on how to proceed with everyday workplace issues as early and as often as possible. By retaining employment counsel early, the employer can openly communicate and protect discussions regarding the subject of potential litigation because attorney-client communications will be protected.
Without a doubt, the costs of consultation before an employment matter erupts outweigh the costs incurred afterwards.
At Sherman Law Firm, when we get involved in an issue early enough, we can fully investigate and evaluate all potential legal issues based on known facts. That way, we not only recommend how to proceed, but we also help document and ghostwrite carefully-worded communications that the employer will rely upon, if challenged.
~ Stuart
Sherman Law Corporation always recommends that employers seek guidance from them at the onset of an employment issue so that we can be involved every step of the way in decision making, investigations, documentation and communications.
Often times, an employers’ actions or inactions before the retain counsel can either create employer liability or preclude dismissal of claims. Early intervention allows the employer to correct any violations, seek resolution, and if unsuccessful, position the employer to successfully defend the matter if legal action follows which is the best of both worlds.
The vast majority of the time, early guidance and counseling result in a quicker and less costly resolution for employers because the employee typically has not retained counsel. As soon as counsel is retained, settlement of claims can increase.
Evidence that supports or refutes employment-related allegations typically fall into two categories: testimonial evidence (oral testimony by a witness) and documentary evidence (handwritten paper documents and digital data). The information, in paper or electronic form, is considered “evidence.” As soon as the employer is on notice of anticipated litigation, employers’ legal hold and preservation obligations are triggered, requiring guidance by counsel in most cases.
Even when paper copies of ESI exist, at least one of the parties will demand production of the digital data, along with specified metadata (the historical and ownership information that properly authenticates the ESI). The metadata provides invaluable information to all parties in legal actions and must be produced when requested. The most common violations by employers who have not retained experienced counsel to direct legal hold and preservation include:
The vast majority of the calls we receive occur after an employer was already put on notice of anticipated legal action. By then, the employer’s actions or inactions often result in the scenarios noted above, with the employee(s) already represented by counsel, and the employer on the defensive.
One call to experienced employment counsel before responding to employment issues and/or taking any adverse employment actions can save you hundreds of thousands of dollars down the line. Since one of every two California employers can expect to get hit with employment-related claims, don’t hesitate to give us a call.
Call us today at (323) 488-2087 as soon as you anticipate or on notice of potential legal action or liability.
Consulting employment counsel before responding to a workplace issue allows you to assess potential liability, preserve evidence properly, and craft communications that protect your position. Early legal guidance helps prevent missteps that can later increase exposure or complicate defense efforts.
Everyday workplace issues can include:
Even routine matters can escalate if not handled carefully and in compliance with applicable laws.
You should seek guidance as soon as you anticipate potential legal action or are placed on notice of a complaint. Early involvement allows counsel to investigate facts, preserve evidence, and guide decision-making before liability increases.
When employers seek guidance before an employee retains counsel, matters are often resolved more efficiently and at lower cost. Once an employee hires an attorney, settlement demands typically increase, and litigation becomes more likely.
A legal hold is a directive to preserve all potentially relevant documents and electronically stored information (ESI) once litigation is anticipated. Failure to properly implement and monitor a legal hold can result in sanctions, adverse rulings, or damage to your defense.
Common mistakes include failing to preserve relevant data, altering metadata by opening or forwarding files, and collecting ESI without forensically defensible methods. These errors can compromise evidence and weaken your position in litigation.
Metadata contains historical and ownership information that authenticates digital evidence. Improper handling of ESI can alter metadata, creating questions about authenticity and potentially introducing additional witnesses or compliance concerns.
In many cases, yes. Early counseling allows employers to correct potential violations, clarify expectations, document actions properly, and consider options such as severance agreements or negotiated resolutions that may preclude future litigation.
Delaying legal consultation can create employer liability, limit available defenses, increase settlement value, and expose the company to sanctions for improper evidence preservation. Once a claim escalates, the employer is often already in a defensive posture.
Proactive counseling allows employers to make informed decisions at every stage, from investigation to documentation to communication. One timely call to employment counsel can significantly reduce risk and potentially save substantial legal costs down the line.
Call the Sherman Law Firm at 323-488-2087 to schedule your free consultation today.
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