Sued by an Employee in LA? What Your Business Needs to Do in the First 72 Hours

The first 72 hours after an employee lawsuit lands on your desk are among the most consequential in the entire litigation process. Businesses in Los Angeles — whether in Beverly Hills, Santa Monica, or Downtown LA — that respond strategically in those early hours dramatically improve their position. Those that panic, react emotionally, or delay retaining counsel often find themselves at a significant disadvantage that persists throughout the case.
Here is what needs to happen immediately. First, contact a civil defense attorney with employment litigation experience in California. Do not respond to the lawsuit yourself. Do not contact the employee, their attorney, or any witnesses to discuss the allegations. Any informal communication made without legal guidance can become evidence and can significantly complicate your defense.
Second, issue a litigation hold. The moment a lawsuit is filed or even reasonably anticipated, California law imposes an obligation to preserve all potentially relevant documents. This means halting any automated deletion of emails, backing up communications from key personnel, and securing payroll records, timekeeping data, performance reviews, and any documentation related to the employment relationship. Your attorney will formalize this process, but the preservation obligation begins immediately — before your lawyer has even reviewed the complaint.
Third, brief your internal team carefully. Managers and HR personnel who interacted with the plaintiff will likely be deposed and should receive clear guidance on what they can and cannot discuss about the matter. Inconsistent or damaging statements made by employees during informal conversations have derailed many otherwise strong defenses.
The civil litigation process in Los Angeles moves at its own pace, and trials in employment cases may be a year or more away. But the foundations of your defense — or your undoing — are built in these opening hours and days.
Best Civil Attorneys works with employers throughout Los Angeles County to build fast, effective defenses from the moment a claim is received. If you’ve just been sued, call us now.