What to do if…
you are threatened with legal action over a mistake made at work

What to do now

1. Identify what you received. Keep the original email, letter, message, or papers. Note when and how they arrived. Ask the appropriate internal contact for a written summary of what is being alleged, who is making the threat, what is being requested, and any stated deadline.
2. Preserve records in place. Leave relevant work emails, messages, tickets, logs, and files unchanged in company systems. Follow any company preservation instruction. Do not copy confidential records into personal accounts or devices.
3. Write a factual timeline. Record dates, people involved, instructions you received, actions you took, and what you directly observed. Keep guesses and conclusions out of it. Do not paste confidential documents into a personal note.
4. Clarify the type of process. Ask whether this is an internal investigation, a disciplinary meeting, a customer claim, a lawyer’s letter, a subpoena, or court papers. Different documents may need different responses.
5. Use union representation where it may apply. If you are union-represented and you reasonably believe an investigatory interview might result in discipline, say: “I request union representation for this interview.” After a valid request, the employer may delay the interview until a representative is available, end the interview, or offer you the choice of continuing without representation or ending the interview.
6. Ask for a pause if you are not union-represented. You can ask for the questions or topics in writing, time to review them, and permission to bring a support person. A legal right to another person in the meeting may depend on applicable law, contract terms, or employer policy.
7. Route third-party threats through the company process. Send a customer, client, or vendor threat to your supervisor and the company’s legal, risk, or human resources contact under the applicable policy. Do not negotiate personally.
8. Get prompt legal advice for formal papers or a lawyer’s letter. Record when and how the document arrived. A qualified lawyer can help identify the document and check whether a response deadline applies. Ask the company’s legal or risk contact whether any insurer notice is required.
9. Use a short internal holding response when necessary. If an internal contact needs an immediate reply, say: “I am willing to cooperate. Please provide the allegation and request in writing. I need time to review them and seek advice before I provide a detailed statement.” Do not send a substantive response to an opposing contact or lawyer before getting advice.
10. Log any possible retaliation concern separately. If the threat appears connected to a report about pay, hours, leave, safety, discrimination, or harassment, keep a dated note of what changed. The appropriate advice route or agency process depends on the issue and your location.