my lawyer sent an employment demand letter no reply now what

If you receive one, contact your attorney immediately. Some people think if they don’t respond, the sender will go away. This is usually not the case — especially if the other party has retained an attorney.

Full Answer

Why is my employer not responding to my demand letter?

Remember, you requested in your demand letter that they only communicate with you in writing and at a specific address. There is a reason they are ignoring this request and are reaching out to by phone instead. They are trying to train you.

What is an employment law demand letter?

These letters are typically aggressive, demanding and meant to scare you. It could be referencing any area of employment law; there are sexual harassment demand letters, discrimination demand letters, retaliation demand letters etc…

How long do you have to respond to a demand letter?

This is usually a very short and sharp letter which annexes your previous correspondence and gives the party a further seven days to comply with the demand. Your original letter of demand may have gone unseen or still be sitting on someone’s desk to action.

Can I deviate from the terms of my demand letter?

Do not deviate from the terms of your demand letter (and this includes not speaking by phone if you have requested only written communication). Stick to your 30-day timeline.

What happens if someone doesn't respond to 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 accordingly.

How long does it take to get a response to a demand letter?

Once you've written your demand letter and sent it on to the insurance company, the response time may vary. Typically, you can expect an answer within a few weeks. However, sometimes this process can take as long as a few months.

Can a company ignore a demand letter?

Ignoring a demand letter — particularly if you don't read it at all — usually gives the obligee no other choice but to initiate a formal legal action against you or your business, perhaps even sooner than they otherwise would have.

Do employers respond to demand letters?

At some point after you send your demand letter, the employer, through its attorney, will respond.

What happens after the demand letter?

After you send a demand letter, one of several things can happen: The insurance company accepts your demand, and the settlement goes forward. You'll receive the compensation you asked for and sign a release of liability in exchange.

Why do attorneys take so long to respond?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

What happens if someone doesn't respond to a legal notice?

What happens if the person doesn't respond to a Legal Notice? If the person to whom the notice is sent, doesn't respond to it in a stipulated time, then the aggrieved party files a suit in the appropriate Court of Law.

Do I have to respond to a letter from a lawyer?

No, you should not ignore the letter. It is unlikely that the lawyer is going to be rejected by the company's failure to respond to a lawyer letter. Most likely, the company will either get a second letter – or a formal law suit.

How do you respond to a demand letter from a lawyer?

How to Respond to a Demand LetterEvaluate the letter. The first step after receiving a letter is to carefully read it and evaluate its merits. ... Determine its intent. People send demand letters for all sorts of reasons. ... Calculate the claims. ... Is a lawyer needed? ... Respond within allotted time frame.

Is a demand letter confidential?

Can you demand that a third-party keep an unsolicited letter confidential? Yes, you can make the demand. But, you shouldn't expect the letter to be kept confidential because there is no agreement between the parties about confidentiality.

What does Demands for dismissal mean?

A motion to dismiss is an attempt by either side (the defense or the prosecution) to have a case thrown out by the courts. For a trial to be dismissed, the judge must agree that the legal proceedings were invalid prior to the trial beginning.

What is an employment demand letter?

A demand letter, as the name suggests, is a letter that an employee (often through an attorney) sends to a former employer “demanding” that the employer do something to avoid the filing of a lawsuit.

What to do if a letter of demand is ignored?

If a letter of demand is ignored or unanswered, you should consider sending one final demand letter. This is usually a very short and sharp letter which annexes your previous correspondence and gives the party a further seven days to comply with the demand. Your original letter of demand may have gone unseen or still be sitting on someone’s desk ...

What happens if you send a final demand notice?

By sending a final demand notice, you can potentially avoid the additional costs of escalating the matter to court.

How to contact LegalVision for debt recovery?

If you have sent a letter of demand and not received a response, contact LegalVision’s debt recovery lawyers on 1300 544 755 or fill out the form on this page. Webinars.

What happens if you fail to respond to a court order?

If they fail to respond within that time frame, you can apply for a default judgment. A default judgment is an automatic judgment against a party due to the party’s failure to respond to legal proceedings.

How long does it take to file a statement of claim in court?

You then serve the statement of claim on the other party (the defendant). The defendant has 28 days to respond to the statement of claim through a defence or otherwise. If they fail to respond within that time frame, ...

How long does it take to settle a small claims case?

The small claims division of the local court deals with matters relating to debts less than $10,000. The court aims to resolve disputes within six months of the date you file the initial claim. Often, people self-represent in matters before the local court, however, it is still a good idea to seek legal advice on what to expect. A lawyer can advise you on ways to frame your argument and the evidence you need to make your case. If the matter is of a higher monetary value, it will take place in the general division of the local court, which hears cases between $10,001 and $100,000.

Can you self represent in court?

Often, people self-represent in matters before the local court, however, it is still a good idea to seek legal advice on what to expect. A lawyer can advise you on ways to frame your argument and the evidence you need to make your case. If the matter is of a higher monetary value, it will take place in the general division of the local court, ...

What to Do First

1.) The first thing that you should do is to review the document thoroughly to see what form the complaint is in.

What you should not do!

1.) Do not just ignore the letter and hope it goes away. Even if the claims in the letter seem crazy to you they are not just going to go away on their own. You will need to have a response.

Most Common Employee Claims

Here are some of the categories for most common official complaints we see filed against California employers.

Info on California Employee Lawsuits

California claims against employers are completely out of control and just seem to get worse and worse with each passing year. It really has become one of the biggest threats to modern business in California.

Bonus Free Infograph for You!

Here is a quick infograph on ‘How to Respond to an Employee Demand Letter” (click to enlarge)

2 attorney answers

You can ask for more, but your former employer doesn't have to agree to give you more. Settlements are voluntary. You should retain an attorney if you are pursuing a lawsuit. If you haven't already filed a lawsuit, then you should consult with an attorney before you file to get a careful evaluation of your situation...

Darrel S Jackson

File a claim with the EEOC (if discrimination aspects involved) or the DOL if is a wage claim matter. If neither of the above two then your choice is to file a lawsuit in court alleging the underlying facts that you believe support a breach of some law. You do not give enough info about the material facts of the case to give you more info.

What happens if you send a demand letter?

But once you send someone a demand letter, there is a consequence if, thereafter, you allow the letter's recipient to prompt your every move. The worst consequence is that you could lose control of the entire demand process, because you lost credibility as a confident opponent.

How long does it take for a demand letter to be accepted?

1-2 days = average time it typically takes a given opponent to respond to a demand letter after they receive it. 8-9 days = average time it typically takes a given opponent to propose a resolution, or to refuse yours. 30-45 days = average time it takes a given complainant to "proceed to next steps" when a resolution is not reached.

How long should I wait to settle a dispute?

Generally speaking, if you err on the side of 30 days, you should be in good shape and excuse yourself from having to wade through as many upfront details. Second, 30 days allows plenty of time for both sides of the dispute to communicate, to consider their respective options, and to negotiate a resolution.

Do not let your opponent's representatives waste your time by talking about anything other than a resolution?

One thing that follows from this is that you should therefore also not waste time talking to people who lack the authority to offer your desired resolution . Insofar as your demand letter was clear and complete, there is no additional exchange of information that is necessary for your opponent to decide whether to resolve your dispute as you've requested.

Is it good to be flexible in a demand letter?

And insofar as you deviate from a given term of your demand letter, it suggests to your opponent that you are similarly flexible on the letter's other terms. In yoga and in life, being flexible is good; in demand letters and the subsequent demand process...not so much. Stick to your demand so that you keep your credibility.

What happens after a demand letter is sent?

The most common route is that, after your demand letter has been sent, the insurance company will reject your settlement amount and come back with a different value. Once that has been sent, you and your attorney will either accept or refuse the amount. This back-and-forth process can go on until a dollar amount is agreed upon.

What is the purpose of a demand letter?

The ultimate goal of a demand letter is to provide you, the victim, with a settlement you are satisfied with. But if you’re facing a personal injury lawsuit, you’re likely wondering how long your settlement will take after your demand letter has been sent. Each case is different.

How to write a settlement letter for a car accident?

To expedite the settlement process, you and your attorney need to present the strongest case possible. The following are some details your attorney may include in your letter: 1 How your injuries were sustained 2 How your injuries have impacted your life 3 The extent of your medical treatment and associated expenses 4 Reasoning as to why the other party is liable for your injuries 5 The amount of income you lost over the accident

What to include in a settlement letter?

The following are some details your attorney may include in your letter: How your injuries were sustained. How your injuries have impacted your life. The extent of your medical treatment and associated expenses.

Can insurance companies accept initial demand?

In some instances, the insurance company may accept your initial demand amount and pay it immediately—although that is relatively rare. More often, securing a settlement you and the insurance company agree upon will require a few months of negotiations.

What is demand letter?

A demand letter is an opening of the door to begin settlement negotiations. Although carriers like to close out cases, please remember that they are under no obligation to accept or respond to your demand. You should speak to your lawyer about your desire to settle and your expectations... 0 found this answer helpful.

How long does it take for a defense attorney to respond to a lawsuit?

If they truly want to try and settle your case, a response is usually received within 3-4 weeks...

Can you force an insurance company to settle a claim?

Generally you can not "force" an insurance company to settle a claim. Just like you cannot force someone to buy your house or sell their car for the price you want, if at all. You probably would want to follow up with your lawyer and ask what your options are and what the general procedure is regarding settlement.

What is a denial of an injury claim?

An insurance company denial of an injury claim is a rare occurrence, since most insurance companies want to settle a claim (a sure thing) before courts get involved (an unpredictable process). Denials usually only occur when the claim is clearly unsupported by evidence (the "injured" person has no medical bills or records of treatment) or there is a procedural problem with the claim itself.

Can you get compensation without a release of liability?

You'll receive the compensation you asked for and sign a release of liability in exchange. It is rare for this to happen without at least some negotiation on the part of the insurance company. (Learn more about the timeline of a typical personal injury claim .)