No. And many times, it is sent by the employer who just wants to scare you.
How do I know this? People end up on our blog and website every week with the following search query: "Sample threatening letter to send to employee," or "free cease and desist letter from employer to scare employee."
You get my drift.
Yes, someone sending that kind of letter has the intention of scaring you into submission. It is not however, a court order. It does not have any additional importance or force than any other letter - it is simply a letter.
The letter you receive from an employer has no more legal force than if I were to send Tiger Woods a letter telling him to man up and admit his faults, or else.
So how should you respond?
You have a few options.
1. Write back
2. Ignore it.
They can always file suit if you have breached an agreement and have no legal duty to warn you so the letter is not all that necessary.
I told a client this week that whether he chose to ignore the cease and desist letter was up to him. Yes, if it got to litigation they could use the letter to prove my client breached his agreement knowingly - but most of the time these letters are not used.
Hire an attorney who understands Employment contract issues / common law in your State so that you will be protected and well advised.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.