Protect Demand Letter

Aug 6th, 2022
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How to Protect Demand Letter

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In this video, John Frogger discusses the challenges entrepreneurs face when receiving a demand letter, often stemming from employee terminations. He highlights that productive business owners are frequently at risk of legal issues, particularly in California. Frogger illustrates a scenario where an entrepreneur hires employees, but may have to terminate a problematic one, leading to a demand letter claiming retaliation for the firing. He notes that such situations are common and emphasizes the various levels of responses from attorneys, depending on whether the employer acted improperly. Understanding these dynamics is crucial for managing risks in running a business.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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A demand letter shows that you are serious The letter shows that you have been keeping track of the situation, you have details, and you will take action if they do not act fast. The judge will also treat your case more seriously if you go to court after sending a demand letter.
The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged ingly.
Using abusive or threatening language will not work in your favor not only will it make the defendant less likely to want to settle your claim, it could even cause damage to your actual case. Beyond that, you should never include dishonest or misleading details in your demand letter.
Never ignore a demand letter. If you receive one, contact your attorney immediately. Some people think if they dont respond, the sender will go away. This is usually not the case especially if the other party has retained an attorney. Respond and try to resolve the issue or you run the risk of going to court.
It follows that while an attorney may include legal theories and conclusion of law in a demand letter, a lawyer may not knowingly falsely assert a violation of law, or knowingly allege false facts to support a violation.
A demand letter, even though it only threatens a lawsuit and doesnt actually start one, may trigger this duty. All information that could possibly relate to the claims made in the demand letter must be kept confidential and protected.
A demand letter shows that you are serious The letter shows that you have been keeping track of the situation, you have details, and you will take action if they do not act fast. The judge will also treat your case more seriously if you go to court after sending a demand letter.
Response to Demand Letter A summary of the original demand letter, with an outline of its assertions (even if these are disputed) and the total payment that was demanded. An alternative account of events, as relevant, with corroborating evidence, if possible. Suggestions for how to remedy the dispute.

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