You open your mail and see an envelope from Abramson Labor Group. It claims your former employee is owed $100,000+ for wage and hour violations, discrimination, and other employment-related issues. The letter looks polished and cites California statutes and case law. It also gives you a short deadline to respond.
If you’ve received a demand letter from Abramson Labor Group, or a similar plaintiff’s employment law firm, you’re not alone. They are a high-volume plaintiff-side employment firm, and their letters are built to create urgency and push you toward a quick payment or a rushed mediation.
A demand letter is not proof you did anything wrong. It is also not a court order. But what you do in the first few days can change your leverage, your costs, and your risk.
Quick answer (read this first)
If you received an Abramson Labor Group demand letter, treat it as a time-sensitive pre-lawsuit threat, not a final verdict. Your priorities are to preserve evidence, stop direct contact with the employee, calendar statutory deadlines for records requests, and have an employer defense attorney evaluate the claims, damages math, and any arbitration agreement before you respond or agree to mediation.
Next 24 hours checklist
- Put a written litigation hold in place (email + texts + payroll + timekeeping + personnel records).
- Lock down access so nothing gets deleted “by routine.”
- Pull core documents (personnel file, pay stubs, time records, handbook acknowledgments, discipline/performance notes).
- Identify whether you have an arbitration agreement and whether it is signed and enforceable.
- Have counsel review the letter before you respond, produce documents, or commit to mediation.
What is an Abramson Labor Group demand letter?
An Abramson Labor Group demand letter is typically a pre-lawsuit settlement demand from counsel representing a current or former employee. It often includes:
- A narrative of alleged facts (job title, pay rate, dates of employment, alleged workplace incidents)
- A list of legal claims (wage and hour, meal/rest breaks, wage statements, reimbursements, discrimination/retaliation under FEHA)
- A damages estimate (often a “max exposure” style number)
- A request for documents and evidence preservation
- A push toward mediation, often framed as an efficient way to settle
These letters are designed to put pressure on your business. That pressure works best when employers respond emotionally, respond without counsel, or produce documents without a plan.
Does a demand letter mean you are liable or must pay?
No.
A demand letter is one side’s position. Some demands are well-supported. Some are inflated. Some mix strong claims with weaker add-ons to increase settlement value.
Your job is not to “win the argument in writing” on day one. Your job is to protect the business. That means (1) meeting legal obligations that actually apply, (2) preserving defenses, and (3) responding in a way that reduces the odds you get painted as careless, retaliatory, or noncompliant. The best way to handle this is to find a qualified employment defense firm such as ours or another to help you through this because California’s employment laws are complex to ensure you’re not overpaying or leaving yourself exposed.
Are demand letters “confidential” or “protected” under Evidence Code 1154?
You may see language claiming the demand letter is “protected” as a settlement communication.
California Evidence Code 1152 and 1154 can limit admissibility of certain compromise offers and negotiation statements when offered to prove liability (and related issues). But that does not magically make the letter risk-free, and it does not mean you should respond casually or admit facts.
Practical takeaway: assume every sentence you write will be read by a future judge, jury, mediator, or agency. Write accordingly.
What deadlines apply after an employment demand letter in California?
Some deadlines are created by the demand letter itself. Others come from California statutes tied to records access and payroll documentation.
Key deadline: Labor Code 226 payroll records and wage statements (21 days)
California Labor Code 226(c) provides a time window for current or former employees to inspect or receive a copy of records, and 226(f) provides a $750 penalty if the employer fails to permit inspection or provide a copy within the required time.
Business impact: if you miss this window, you can hand the other side an easy statutory penalty and a momentum advantage before any lawsuit is even filed.
Key deadline: Labor Code 1198.5 personnel records (30 days, potentially 35 by agreement)
Labor Code 1198.5 covers inspection and copies of personnel records and includes timing requirements (commonly 30 calendar days, with limited ability to extend by written agreement).
Business impact: this is a common trap for small and mid-sized employers who do not have HR infrastructure. Missing the deadline can become a separate “failure to comply” claim that fuels settlement pressure.
Evidence preservation: when to treat litigation as “reasonably foreseeable”
Once you receive a detailed attorney demand letter, you should assume a lawsuit is reasonably foreseeable. That is why a litigation hold matters. Even if your day-to-day operations delete emails or texts automatically, you want to stop routine deletion where it touches the issues in dispute.
What claims show up most often in Abramson demand letters?
Below are the usual categories, and what employers should be thinking about immediately.
What does a FEHA discrimination claim look like in a demand letter?
Demand letters often allege discrimination or retaliation under FEHA (California’s Fair Employment and Housing Act). These letters may claim emotional distress damages and attorney’s fees as part of the demand.
Many FEHA cases are litigated using the burden-shifting framework associated with McDonnell Douglas, where an employee first makes a prima facie showing, the employer articulates a legitimate non-discriminatory reason, and the employee then tries to show pretext.
FEHA also includes provisions allowing courts to award attorney’s fees and costs in certain circumstances.
What you should do right away: preserve performance documentation, discipline history, written complaints, attendance issues, and any communications tied to the alleged “adverse action.” This is where early record preservation can decide the case value.
What are the most common overtime allegations in California?
California overtime rules are strict. Demand letters commonly allege:
- off-the-clock work (pre-shift, post-shift, “just a few minutes” daily)
- missed meal periods becoming “worked time”
- miscalculated “regular rate” for overtime purposes
- flat daily rates that ignore overtime
- training time or travel time issues
Defense reality: overtime cases often turn on record quality. If your timekeeping is sloppy, the employee’s estimate becomes harder to defeat. If your timekeeping is solid, the damages number often drops fast.
What does Brinker mean for meal-period claims?
Meal and rest break claims appear in a huge number of California wage and hour disputes. Brinker Restaurant Corp. v. Superior Court case is frequently cited in demand letters. The California Supreme Court explained that an employer’s duty is generally to relieve employees of duty for a compliant meal period, but the employer does not have to ensure that no work is performed.
Why it matters: demand letters may treat every missed or late meal period as automatic liability. Your defense depends on your policies, your scheduling realities, and your records. If the workplace culture made breaks impossible, that is risk. If employees voluntarily skipped breaks and you did not impede breaks, that is a different case.
What is a “wage statement” claim under Labor Code 226(a)?
Labor Code 226(a) requires accurate wage statements with required information. Demand letters often tack on wage statement penalties because the penalties can stack by pay period.
What employers miss: even “small” formatting errors can become settlement leverage in a plaintiff-side demand, especially if paired with overtime allegations that would make the statements inaccurate.
What is a Labor Code 2802 reimbursement claim?
Labor Code 2802 requires reimbursement of necessary business expenses (cell phone use, mileage, tools, uniforms in some scenarios, and similar items). Demand letters often add a reimbursement claim because it is easy to plead and can add attorney fee leverage depending on the case posture.
Early action: confirm whether you had a reimbursement policy, whether employees were told how to submit expenses, and whether you have proof of reimbursements.
What should you do in the first week after receiving the letter?
Step 1: Call an employer defense attorney before you respond
Your first call should be to a California employer defense attorney who deals with wage and hour and FEHA claims regularly. Early strategy prevents avoidable admissions, missed deadlines, and sloppy document production.
LawPLA point of view: your goal is to protect the business’s cash flow, reputation, and operational stability. A controlled response is often cheaper than a rushed “let’s pay to make it go away” reaction.
Step 2: Put a litigation hold in writing
Send a written instruction to the people who control relevant documents. That usually includes:
- owners and executives
- HR or office manager
- the direct supervisor
- payroll provider contact
- IT vendor (if applicable)
Focus on payroll and timekeeping records, personnel file materials, emails, texts, Slack/Teams messages, and any investigation notes.
Step 3: Build the “core file” fast
Create a folder that includes:
- the signed offer letter and job description
- handbook acknowledgments
- time records and payroll registers
- wage statements (pay stubs)
- discipline/performance notes
- separation documents (resignation, termination letter, final pay record)
- any complaints made by the employee and your response
This is how you move from anxiety to a plan.
Step 4: Decide whether arbitration is in play (and whether it’s enforceable)
Demand letters often try to create a tight window to force you to disclose arbitration intentions. That deadline is usually their deadline, not a statutory one.
Still, arbitration can change the entire leverage dynamic. The right move is to have counsel review the agreement for enforceability and then make a strategic decision on how to preserve the argument.
What mistakes can hurt your case fast?
Don’t ignore the letter
Ignoring it can lead to missed statutory deadlines for records requests and can make the other side more confident about filing quickly.
Don’t contact the employee directly
If the employee is represented, direct contact can create serious problems. It can also be framed as intimidation or retaliation.
Don’t “clean up” records
Once you anticipate litigation, altering or “rebuilding” records is dangerous. If records are missing, your attorney can help you address that issue without turning it into a credibility crisis.
Don’t agree to mediation without preparation
Mediation can be effective. But walking into mediation without knowing your record gaps, defenses, and settlement range usually means you overpay.
Should you settle early or prepare to litigate?
This is a business decision guided by legal risk. Factors that tend to matter most:
- Record quality: strong records reduce inflated damages
- Witness risk: who will testify well, who will not
- Cost control: litigation expenses can exceed early settlement savings
- Copycat risk: settling fast can sometimes invite more claims if the workplace has broader compliance problems
- Reputation and operations: sometimes certainty is worth paying for, sometimes it is not
The right approach is rarely “always settle” or “always fight.” It is “investigate fast, price the risk accurately, then choose a strategy that protects the company.”
Why specialized employer defense counsel matters with high-volume plaintiff firms
High-volume plaintiff firms run a system. They know which claims increase settlement pressure and which document requests create early penalties.
A focused employer defense approach does a few things immediately:
- reduces the chance you miss records deadlines
- identifies defenses that shrink the demand number
- pressures inflated claims by demanding specificity and proof
- keeps internal communications privileged where appropriate
- builds a mediation posture that prevents “fear-based” settlement
If your business is in the $1M–$20M range, this is the type of legal threat that can quietly become a cash-flow and leadership distraction problem if you do not contain it early.
FAQ: Abramson Labor Group demand letters (California employers)
Do I have to respond to a demand letter from an employment lawyer?
You are not “required” to pay because a lawyer sent a letter. But you should treat it seriously because it can trigger records deadlines and it often precedes a lawsuit if the matter is not resolved.
Can I talk to the employee to work it out?
Not if they are represented. Also, direct contact is routinely used to support retaliation or intimidation narratives.
What documents should I preserve first?
Time records, payroll registers, wage statements, the personnel file, performance/discipline notes, emails/texts/Slack messages involving the employee, and any investigation notes.
What if my time records are incomplete?
Do not try to fill gaps by guessing. Get counsel involved immediately. Record gaps do not automatically equal liability, but sloppy fixes often create bigger problems than the gaps themselves.
Should I agree to mediation right away?
Only after you have (1) evaluated the claims, (2) priced exposure, and (3) developed defenses. Mediation is most useful when you know your numbers and your story.
Can arbitration still help me here?
Sometimes, yes. Sometimes, no. California courts scrutinize arbitration agreements closely, so enforceability matters as much as having a signed document.
Is the demand amount usually accurate?
Often it reflects a plaintiff-side “maximum exposure” framing. The number typically changes once records are produced and defenses are presented.
When should I call an employer defense attorney?
Immediately. The first week is where avoidable penalties, admissions, and strategic errors happen.
Protect Your Business, Livelihood, and Legacy
Receiving a demand letter from Abramson Labor Group is serious, but it's not the end of your business. With prompt action, strategic thinking, and experienced legal counsel, you can respond effectively and protect your interests.
Act quickly. The deadlines are real, and your response in the first few weeks determines whether this matter resolves favorably or becomes a protracted fight. Don't let fear lead you to pay inflated settlement demands or try to handle this complex matter alone.
Your business is your livelihood and your legacy. You deserve experienced legal counsel who will fight to protect it.
Contact LawPLA today if you've received a demand letter from Abramson Labor Group. We'll review your situation, explain your options, and develop a strategic response plan. Our team is ready to champion your interests and apply our expertise to support you through this challenge.
Time is critical. Visit lawpla.com or call us now to schedule your consultation and protect your business.