How do you explain to HRBP that you will be suing the company without outright saying it?

Amazon
wawY45

Go to company page Amazon

wawY45
Apr 20 25 Comments

In contentious issues of harassment/retaliation/scapegoat PIP/URA by incompetent management, it should be trivial to see if someone has an issue that could end up in litigation, and has a reasonable chance of being decided into employee's favor, or, at least, be plausible enough that a lawyer may be interested in the case on a contingency.

Very often HRBP will try to downplay everything, under the hope that the employee doesn't have the time, evidence or determination for a lawsuit. Brushing under the rug always works.™ Until it doesn't.

I know that if you outright say you'll be suing, it may start a protocol not in your favor. (What exactly happens?) Is there any good way to say it without saying it?

Also, is it recommend to find employment lawyers during PIP itself, or only after you're terminated, given that the likelihood of termination is far from certain given the strong case? Any good way to preserve evidence in case you are terminated? #hrissues #legal #amazonpip #ura #pivot #focus #lawyer #lawyerup

TC: ¼ mil 📉

comments

Want to comment? LOG IN or SIGN UP
TOP 25 Comments
  • Meta
    richardheа

    Go to company page Meta

    richardheа
    Why would you want to say it anyway? If you want to sue, talk to a lawyer and let them deal with that. Screaming “I’ll sue you” in any shape or form is counterproductive.
    Apr 20 4
    • Amazon
      wawY45

      Go to company page Amazon

      wawY45
      OP
      Do you think lawyers on a contingency would be interested?

      There's a dilemma that if the case is really strong, you're never terminated, so they never have the chance to get a pie on a contingency.

      Else, if the case is deemed weak, then what's the point?

      Any good lawyers?
      Apr 20
    • Meta
      richardheа

      Go to company page Meta

      richardheа
      🤷🏼‍♀️
      Apr 20
  • Virta Health
    s73hfw

    Virta Health

    s73hfw
    Talk to a lawyer, not blind
    Apr 20 0
  • New
    EnKf67

    New

    EnKf67
    People who threaten to sue are assclowns. Serious people just sue.
    Apr 20 2
    • Amazon
      wawY45

      Go to company page Amazon

      wawY45
      OP
      Just because a lot of folks abuse "I'll sue" as a figure of speech doesn't mean it's not a valid strategy to make the other party aware you're not leaving any stone unturned.

      You're aware that most lawyers on all sides work to prevent any actual lawsuits and trials from actually happening, right?

      A letter of intent to sue, or demand letter, is sometimes even a legal requirement before proceedings are initiated. Many settlements are reached without ever reaching the courtroom.
      7d
    • New
      EnKf67

      New

      EnKf67
      You're aware that any good lawyer is not moved even a single millimeter by threats, right? Threats = amateur hour.

      An even better strategy to make the other party aware you're not leaving any stone unturned is to... wait foooor it... hire a lawyer.

      As for intent to sue and demand letters, unless they come from lawyers the likely response will be silence or maybe an intent to ngaf letter or maybe a demand that you you gfy letter.

      Leave lawyering to lawyers.
      7d
  • PayPal
    aaaaabbbbb

    Go to company page PayPal

    aaaaabbbbb
    Maybe read up some on employment law in your state and start using certain terms in your email correspondence. I suspect that only saying something wouldn’t move the needle.
    Apr 20 2
    • Amazon
      wawY45

      Go to company page Amazon

      wawY45
      OP
      "I would like to include by reference email dated ..."

      "This is not to be construed as ..."

      😂😂😂

      Any good words to sprinkle around?
      Apr 20
    • PayPal
      aaaaabbbbb

      Go to company page PayPal

      aaaaabbbbb
      I didn’t mean legalese, I meant legal terms, like “harassment”, “fair investigation of complaints” (or “unfair investigation”), etc. All of which should come right out of an initial Google read-through of the relevant state’s statutes.
      Apr 20
  • New
    Advocate

    New

    Advocate
    California employment lawyer here. There may be good strategic reasons to tell your employer you believe what is being done is illegal or that you intend to sue, but you should consult with an employment lawyer in your state asap because the specifics of what you say and how you you say it could be important to trigger anti-retaliation protections
    5d 3
    • New
      Advocate

      New

      Advocate
      You can go on a site like Avvo.com or even Yelp and look for employment lawyers. Most of us offer free consultations and can discuss these things with you
      5d
    • Amazon
      wawY45

      Go to company page Amazon

      wawY45
      OP
      I'm not in WA nor CA. Should I call WA lawyers for Amazon, or local lawyers? I doubt local lawyers would know anything about Focus, Pivot etc.
      5d