Litigation Hold Letter to Employer-Client
(Employment Dispute)

Summary

This template is a litigation hold notice/letter specifically tailored to a client in an employment dispute. This template includes practical guidance and drafting notes. This litigation hold notice/letter is intended for private employers. It is based on federal law and does not address all potential state law distinctions. Thus, you should check any relevant state and local laws. This letter puts the employer on notice of its legal obligation to preserve evidence. It is also valuable to prevent inadvertent deletion of helpful information which may serve as useful evidence in the later stages of litigation. Consider use of a litigation hold memorandum to an employer-client whenever an employer becomes aware of a possible claim, whether through a court or agency filing, an attorney demand letter, or otherwise. For Practical Guidance Labor & Employment resources on all facets of employment litigation discovery, see Employment Litigation Discovery Resource Kit. For an annotated litigation hold letter tailored to an opposing party in an employment dispute, see Litigation Hold Letter from Employer to Opposing Party (Employment Dispute).  For a template litigation hold memorandum that would suspend a document retention policy once your client reasonably anticipates litigation, see Litigation Hold Notice (Federal). For a full listing of key content covering EEOC and state administrative charges of employment discrimination, see Employment Discrimination Charge Resource Kit.