Litigation Hold Letter from Plaintiff-Employee's Attorney to Plaintiff
(Employment Dispute)

Summary

This template is a litigation hold letter used to notify a client to save and preserve documents and information relevant to pursuing potential claims in litigation. This template includes practical guidance, drafting notes, and alternate and optional clauses. This litigation hold letter is drafted from the perspective of the plaintiff-employee's attorney to the plaintiff (Employment Dispute) and is specifically tailored to a plaintiff-employee client in an employment dispute. It may be used to not only put the plaintiff-employee on notice of their legal obligation to preserve evidence, but to also prevent inadvertent deletion of helpful information which may serve as evidence in the litigation. As such, consider the use of a litigation hold memorandum to an employee client whenever the client is asserting potential claims against their current or former employee. Note that this litigation hold letter is based on federal law and does not address all potential state law distinctions. Thus, you should check any relevant state and local laws. For Practical Guidance Labor & Employment resources on all facets of employment litigation discovery, see Employment Litigation Discovery Resource Kit. For more information on preserving evidence in anticipation of litigation, see the Litigation Hold Resource Kit (Federal). For more information on the duty to preserve evidence, see Preserving Evidence (Federal), and Preserving Evidence Checklist (Federal). For a litigation hold demand to send to a potential respondent in anticipation of litigation, see Document Preservation Demand Letter (Federal).