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Deploying the Discovery Letter: A Tactical Alternative to the Demand Letter in Employment Law Cases
You’re fired up and ready to go tooth and nail after your former employer, but is that the best strategy? Will it get you the best possible outcome? Strategic choices can make all the difference in the outcome of your employment-related case.
In previous episodes, Tom has talked about the role of the demand letter in litigation. In this episode, you’ll learn about a strategic alternative - the discovery letter. While both serve as initial contacts with an employer or former employer in legal disputes, they carry different implications and potential outcomes.
A demand letter has long been considered the classic starting point in personal injury or employment-related legal disputes. It involves your attorney crafting a letter to the company, outlining the alleged wrongdoings, and concluding with a clear demand, such as a settlement figure or specific actions. This traditional approach is often effective but carries a level of uncertainty. Employers may choose not to respond. Then what?
A discovery letter takes a more inviting approach. The attorney still sets forth the facts and legal concerns, but instead of concluding with a demand, it serves as an open invitation for the employer to respond and share their perspective on the situation.
Discovery letters are often much shorter than demand letters. This brevity not only reduces the time and resources required for preparation but also enables quicker deployment. For individuals seeking resolution without undue delay, especially when facing financial strain, a discovery letter can offer significant advantages.
You Will Learn
1️⃣ What tactical considerations should be considered when deciding between a demand letter or a discovery letter
2️⃣ Why a discovery letter can be a more cost-effective approach
3️⃣ The potential advantages of using a shorter, less aggressive approach like a discovery letter rather than a comprehensive demand letter with attachments and a large financial demand
4️⃣ How a discovery letter might provide early insights and initial discovery into an employer's position and evidence
Links and Resources
Listen to the complete podcast series on the private litigation process to learn what to expect at every stage.
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
Sign up for the Career Rocket newsletter
www.TheCareerRocket.io
Connect with Tom Spiggle
https://spigglelaw.com/
https://www.linkedin.com/in/spigglelaw/
https://www.youtube.com/@Spigglelaw/videos
https://www.facebook.com/spigglelaw
https://twitter.com/tspiggle
Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.
View all episodes
By Tom SpiggleYou’re fired up and ready to go tooth and nail after your former employer, but is that the best strategy? Will it get you the best possible outcome? Strategic choices can make all the difference in the outcome of your employment-related case.
In previous episodes, Tom has talked about the role of the demand letter in litigation. In this episode, you’ll learn about a strategic alternative - the discovery letter. While both serve as initial contacts with an employer or former employer in legal disputes, they carry different implications and potential outcomes.
A demand letter has long been considered the classic starting point in personal injury or employment-related legal disputes. It involves your attorney crafting a letter to the company, outlining the alleged wrongdoings, and concluding with a clear demand, such as a settlement figure or specific actions. This traditional approach is often effective but carries a level of uncertainty. Employers may choose not to respond. Then what?
A discovery letter takes a more inviting approach. The attorney still sets forth the facts and legal concerns, but instead of concluding with a demand, it serves as an open invitation for the employer to respond and share their perspective on the situation.
Discovery letters are often much shorter than demand letters. This brevity not only reduces the time and resources required for preparation but also enables quicker deployment. For individuals seeking resolution without undue delay, especially when facing financial strain, a discovery letter can offer significant advantages.
You Will Learn
1️⃣ What tactical considerations should be considered when deciding between a demand letter or a discovery letter
2️⃣ Why a discovery letter can be a more cost-effective approach
3️⃣ The potential advantages of using a shorter, less aggressive approach like a discovery letter rather than a comprehensive demand letter with attachments and a large financial demand
4️⃣ How a discovery letter might provide early insights and initial discovery into an employer's position and evidence
Links and Resources
Listen to the complete podcast series on the private litigation process to learn what to expect at every stage.
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
Sign up for the Career Rocket newsletter
www.TheCareerRocket.io
Connect with Tom Spiggle
https://spigglelaw.com/
https://www.linkedin.com/in/spigglelaw/
https://www.youtube.com/@Spigglelaw/videos
https://www.facebook.com/spigglelaw
https://twitter.com/tspiggle
Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.