Have you received a demand letter requesting employee data as a San Diego employer from a plaintiff’s law firm or employee / consumer rights company? Unfortunately, the State of California makes it very difficult to meet all of the regulations and laws imposed upon San Diego employers and this has resulted in a new trend: threatening demand letters requesting information about your employees and threatening litigation and financial exposure.
Are These Letters for Real?
Unfortunately, they can be very real and left unattended can open you and your business up to extensive legal and financial risk. These letters are written to appear as if they come from a law firm citing Labor Code Sections such as 1198.5, 225(c), 432 and Industrial Welfare Commission Wage Orders.
These types of letters are disguised as a demand letter requesting employee data, payroll records, wage statements and performance evaluations going back three years. The letter will often mention a “Tolling Agreement” in order to “prevent any potential settlement negotiations from ending prematurely.” Questions may be asked about “arbitration” or any “agreement to arbitrate.” The letters always contain a limited response timeframe such as “within 21 days of this letter” or (insert legal and financial threats here).
It is Never In Your Interest to Respond Without The Advice of the Watkins Firm
Some of these letters are absolutely bogus and a simple response from our experienced San Diego employer defense attorneys will resolve the matter. In other cases, plaintiff’s lawyers may be attempting to establish the groundwork for a PAGA action (Private Attorneys General Act) or wage and hour litigation which can expose you and your company to extensive legal and financial risks.
What Should I Do If I Receive a Demand Letter Requesting Employee Data
The most important thing you need to do is take immediate action. Don’t blow it off, or ignore it and hope it goes away. There are legal remedies under administrative law which can substantially reduce or often eliminate entirely all financial and legal risks associated with the complaint at hand.
However, action must be taken in an immediate timeframe to mitigate the circumstances and protect your business and employment interests.
We Provide a Free Consultation to San Diego Employers Who Receive Threatening Letters
No obligation. No hassle. A free consultation with a proven, experienced San Diego employer defense attorney who can tell you quickly if the issue is real or not, and provide sound counsel on the potential risks associated with any demand letter requesting employee data from a San Diego employer.
In most cases, a few prompt actions and steps can resolve any genuine exposure. If there is a genuine issue on the table, your immediate attention and action will save a substantial amount of time and money down the road. After more than 40 years of experience I tell all of our employer clients to simply and immediately act. Pick up the phone, let us take a quick look to see if this is bogus, a genuine threat or something in between. In most cases, we can simply provide guidance on the quick actions necessary to thwart or eliminate the threat.
We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
