Notice of claim

I am pursuing legal action against my employer for breach of contract. I need a form to write a letter of intent to sue.

If you feel you have a claim, here are the steps you should consider taking:

• Start documenting breaches (violations)
• Review your employment contract, firm employee manual, and any other relevant documents from the perspective of identifying what the employers obligations are that you feel were breached, and importantly, requirements you may have been in breach of ('cause guess what, when you sue your employer, they might just have a few unflattering things to say about you!). You also want to be alert for any timing/notice requirements. For example, there may be a requirement in your employment agreement that mandates that you give written notice, or make a claim about an issue, prior to being able to assert any rights. Be certain that you have complied.
• Hire an employment lawyer that specializes in representing employees (not employers). Meet and review the documents and your corroboration of problems that you put together in items 1 and 2 above. You really should NOT confront your employer or take any other steps without obtaining legal guidance first. Work out an action plan with your attorney.
• With the knowledge of the first 3 steps, unless your lawyer advises otherwise, you should approach your employer and endeavor to amicably and reasonably resolve any issues. Yes the best approach is always the peaceful one (even if you chewing valium like tic tacs to stay calm). If you cannot resolve the issues without lawyers officially involved, then you have to get them involved.
• Now you officially involve your lawyer (yes you had involved your lawyer almost from inception but you might have kept that behind the scenes). Letters, meetings and other lawyer activities will follow. Hopefully a resolution can be reached.
• If your attorney cannot resolve it, then off to court you go.

A few general comments. Document everything. Read and understand everything. There are so many potential pitfalls and technical issues that you really need to involve an employment law expert from the beginning to guide you. You save money and get a more amicable result involving a lawyer behind the scenes (unless he or she advises otherwise) then doing it on your own (you had asked for a form!). No form (even if its the right one!) will substitute for the knowledge and ability to develop strategies that an expert can provide. Each phase should follow a progression - starting with the least antagonistic steps moving towards more antagonistic steps. This approach can minimize the escalation and hopefully resolve matters quicker. Also note that we suggested that you endeavor to solve the issues reasonably (that doesn't mean getting all you want!). Reasonable is better than victory. If you're looking for payback the payback might end up with the lawyers. If you're looking for a reasonable settlement, even if less than what you want, you may end up much better off.

And finally, if you work for us, you don't want to do any of the above. Take a walk around the block and realize what a fun place we have to work in (had to add this in just in case you're at the compute next door).

Good luck.