Many businesses receive letters from former or current employees or their attorneys. For example, the letters from a former or current employee may discuss issues with working conditions, fellow employees misbehaving or other issues.
As an attorney, I have seen instances where a former or current employee sometimes writes to a supervisor or HR about an issue at work, such as a conflict with another employee. Other times, the issue is that the employee feels that their paycheck was not correct. Sometimes, it is an issue regarding benefits, vacation, or scheduling. Employees may also have issues or problems with reimbursement for mileage or business purchases for the employer.
These issues happen often, and the way that an employer responds can determine whether this dispute with the employee is resolved or if it grows bigger and leads to a lawsuit or a letter from an attorney on behalf of the employee.
What should I do when I get a letter from an employee complaining about an issue?
First, acknowledge that you received the letter. It’s important for an employee to feel heard.
Second, schedule a time to discuss by phone or in person. Make sure to type up a summary during or after that meeting and have the employee sign it. If the employee doesn’t sign the summary, you may want to ask them to type up any details or write it up themselves so they can get it in their own words.
Third, investigate the issue promptly. Look into the issue to find out if there is an error on the paycheck (just one example), or what another employee said or did to the employee that lodged a complaint.
Fourth, work to resolve the issue. If there was an error, it should be corrected. If an employee is behaving unprofessionally toward another, then a warning may be appropriate.
During all of these steps, an attorney can be consulted to try to resolve the issue. I’ve worked with clients before when they have employee issues and prompt attention can often help to resolve issues.
Help! I got a letter from a lawyer claiming different types of damages and demanding records, what do I do?
As an employment lawyer advising businesses, I’ve dealt with many clients who have received demand letters from attorneys on behalf of either former or current employees. Some of the common issues that may be addressed in such a letter (I’m not talking about a particular case, but a composite example):
1) Complaints about not being allowed to take rest breaks (or that the rest breaks were not free from work)
2) Complaints about not being allowed to take lunch breaks (or that the rest breaks were not free from work)
3) Claims that an employee was not paid for minimum wage
4) Claims an employee was not paid for all hours worked
5) Claims an employee was not paid overtime for overtime hours
6) Claims that paychecks had errors (missing hours, wrong pay rate, etc.)
7) Claims that an employee was not reimbursed for mileage or other business expenses
After you get the lawyer from a letter, contact a lawyer that is familiar with California employment law. As a California attorney who has advised employers throughout the state of California, Nick Heimlich can review demand letters from attorneys that employers get.
A careful review of the letter should be done to see if the records support the claims in the lawyer’s letter. For example, review payroll records, employee files and talk with employees to see if the claims have merit.
An Employee is demanding a copy of their payroll and personnel records, do I have to supply it?
Yes. Under California Labor Code Section 226(b), an employer must keep the paycheck and payroll records. Generally, this would be all paycheck stubs, timecards, and similar items. Also, all personnel files must be provided under Labor Code Section 1198.5. Finally, anything the employee signed must also be retained and provided upon request under Labor Code Section 432.
