If you’ve come to us to review your exit package and then hire us to represent you, the first step that we take is to write to your employer and let them know that you have hired us as your lawyers. That means two things – the deadline that they imposed on your replying to their offer goes away, and they will now communicate directly with us instead of with you.
In most cases our first step is what is known as a ‘demand letter.’ That’s a detailed letter that we will write on your behalf (and you will of course review) that sets out your position on your termination, your circumstances, and what we believe that you should be entitled to receive. From there the employer or their lawyers will usually respond with a similar letter or a phone call, at which point we can begin back and forth negotiations.
While we are not afraid to file a claim (sue), we rarely advise that as a first step. In most cases even if the employer is not reasonable then their lawyers are, and we often can make great headway with negotiating, or looking at an early mediation. If they are not being reasonable at all though, we will gladly discuss your litigation options and next steps with you to see what you would like to do next. Remember – we advise you, but you are always in the driver’s seat.
