Understanding Pre-Litigation
We’re building leverage to resolve your case without a lawsuit.
After the initial evaluation, your case may move into the Pre-Litigation stage. The single goal of this phase is to build a powerful and persuasive case on your behalf to secure a favorable settlement without having to file a formal lawsuit. Not all cases are suitable to pre-litigation, particularly if there is a need to initiate a lawsuit on a short timeframe.
We understand that this stage can bring a mix of emotions; you may feel encouraged that things are moving forward, but also confused by strategic delays or eager for a fast resolution.
This guide will walk you through what to expect.
What We Are Doing: The Step-by-Step Process
Our team is focused on preparing your case for an early and advantageous resolution by gathering facts, framing your damages, and engaging the other side.
- Liability & Damages Review: We start by performing a deep analysis of the facts of your case and the financial and emotional impact it has had on you. During this step, we may ask you for documents like pay stubs, emails, or other records to strengthen our position.
- The Demand Letter: Once our analysis is complete, we will send a formal, persuasive legal demand to your former employer. This document outlines the facts, the legal violations, and the damages you have suffered, formally opening the door for negotiations. You will review a draft of the letter before we send it to the opposing party, and we'll send you a final copy of the letter for your records.
- Negotiation: After the demand is sent, we will enter into settlement discussions with the employer's attorney. This process is strategic and can take time. We'll keep you informed and advise you every step of the way. You are in full control of whether or not to accept a settlement at this stage.
A Note on Silence
The most challenging part of this stage for many clients is waiting. After we send the demand letter, there will likely be periods of silence from the opposing side. This is a normal and often caused by the company determining whether they have insurance coverage, hiring a lawyer, and the employer's lawyer conducting an investigation into your claims.
The opposing lawyer will usually ask for a 2–4 week extension of time to respond to our letter. This is common and usually a positive sign that the company is taking your claims seriously. Please understand: this silence is not inaction on our part. During these periods, we are actively managing your case and planning our next move. Trust the process—we will contact you the moment there is a meaningful update that requires your attention.