I was wrongfully terminated by my employer in violation of a union contract. I was retaliated against for going to a government agency. The company, is violating labor code 202 by terminating my employment and then holding my paycheck for 7 days. I sent them a letter telling them that they are legally obligated to pay me a wait time penalty. I get an e-mail from their attorney today saying this:
"This firm represents (company) in its labor and employment matters. Please direct all further communications to me at the contact information below."
By the context of this letter, it would appear that their attorney is telling me to cease contact with the company. Is this a form of a threat of legal action?
Not at all. It's a standard courtesy letter informing you who to talk to about your potential dispute. The attorney who wrote the letter is the one that you or your attorney should be direction all communication regarding the case. If you all anyone else at the company, the only thing they should be saying now in response is "talk to our lawyer about your case"
No, it is standard for an employer to refer a letter to its attorney and for its attorney to communicate with you and request all communications be directed to it. No threat is implied in the communication you have quoted.
You are not required to communicate with the attorney, but it is likely at this point that any communications you direct at the employer will be referred to the attorney.
If you have not yet consulted with an attorney, it would be prudent to do so. You are now officially outgunned by your opponent. You have a boy scout knife and they have a fully automatic rifle. You need to level the playing field.
If you have a meritorious claim, it would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
It is one of the most common elements of the first letter a lawyer sends where there is a pending controversy, whether or not that controversy has ripened into litigation. There is no threat expressed or implied.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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