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Letter from employer's solictor

  • 14-08-2019 7:41pm
    #1
    Frantastic!
    Registered Users Posts: 4 ✭


    I got a letter from my employer's solicitor today, asking me to do something, and it appeared rather threatening.

    Firstly, should she have done this? Does an employer have the right to threaten legal action against me and send a solicitors letter? Is there something against employment law about this? What recourse do I have?


Comments

  • #2
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 84,052 ✭✭✭✭Atlantic Dawn
    M


    Best thing to do would be to get your own solicitor on the case to represent you with a follow up letter or advise you.

    Don't know the ins and outs of your issue to go in to much more detail.


  • #3
    banie01
    Registered Users, Registered Users 2 Posts: 17,077 ✭✭✭✭banie01


    Frantastic! wrote: »
    I got a letter from my employer's solicitor today, asking me to do something, and it appeared rather threatening.

    Firstly, should she have done this? Does an employer have the right to threaten legal action against me and send a solicitors letter? Is there something against employment law about this? What recourse do I have?

    There are far too many variables for anyone to offer advice on this without knowing the details.

    Anyone can send anyone else a letter via a solicitor requesting performance or threatening action.
    A solicitor's letter is not an order.

    Now if I were employed by an Organisation that issued work related instruction, or indeed threats via a solicitor...
    I'd be engaging one of my own to deal with it.


  • #4
    Frantastic!
    Registered Users Posts: 4 ✭Frantastic!


    Thanks, I can't go into the specifics, they think I have access to company property but I am unable to work due to illness.


  • #5
    antodeco
    Registered Users, Subscribers, Registered Users 2 Posts: 13,615 ✭✭✭✭antodeco


    And do you have company property? Eg laptop, phone?


  • #6
    Frantastic!
    Registered Users Posts: 4 ✭Frantastic!


    I'm aware of the forum rules about seeking legal advice, so in a general sense... do employers have the right to threaten legal action against an employee that should be resolved internally by HR?


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  • #7
    banie01
    Registered Users, Registered Users 2 Posts: 17,077 ✭✭✭✭banie01


    Frantastic! wrote: »
    I'm aware of the forum rules about seeking legal advice, so in a general sense... do employers have the right to threaten legal action against an employee that should be resolved internally by HR?

    Anyone has the right to threaten legal action.
    Should they wish to take action they can.
    I would be very surprised that any employer has escalated to a threat of legal action without at least attempting to resolve the issue amicably.


  • #8
    Irishphotodesk
    Registered Users, Registered Users 2 Posts: 1,896 ✭✭✭Irishphotodesk


    Frantastic! wrote: »
    I'm aware of the forum rules about seeking legal advice, so in a general sense... do employers have the right to threaten legal action against an employee that should be resolved internally by HR?

    That would be an issue to consult work procedures , I assume you were given a handbook by work outlining procedures etc

    If company are not following their own process,they could get themselves in trouble.... But as others have said... Get legal advice from a solicitor (in your case look for someone who specialises in employment/contract law)


  • #9
    Frantastic!
    Registered Users Posts: 4 ✭Frantastic!


    Irishphotodesk wrote: »
    That would be an issue to consult work procedures , I assume you were given a handbook by work outlining procedures etc

    This is it... there was no employee handbook, so did the lawyer overstep?


  • #10
    banie01
    Registered Users, Registered Users 2 Posts: 17,077 ✭✭✭✭banie01


    Frantastic! wrote: »
    This is it... there was no employee handbook, so did the lawyer overstep?

    As I have said, I find it quite difficult to believe that any employers default response to a situation is to go legal.
    Further to that, before any solicitor issues a letter they will seek the circumstances of the situation and advise their client of alternative courses of action.
    Always in my experience that advice revolves around engaging the other party in discussion rather than threaten immediate action.

    That such a letter was issued, and that you seem to be looking for technicalities rather than addressing the issue at hand with your employer could be taken to imply quite a lot.


  • #11
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry, as Banie01 points out there are far too many variables to even leave here for further discussion.
    Closed


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  • #12
    listermint
    Registered Users, Registered Users 2 Posts: 34,168 ✭✭✭✭listermint


    Best bet would be hand the keys back or hand the phone back or the laptop or whatever.

    Unless your looking for some personal victory that only you know the criteria for.


This discussion has been closed.
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