In this article, we intend to shed light on a topic which is vital to Law in
general and to Labor Law in particular (area which will be discussed
below) and which is frequently underestimated by the interested parties. It
is the exchange of missives prior to the formal initiation of the judicial
proceeding and / or mediation. It is interesting to highlight the importance
of the telegraphic exchange between the employee and the company
regarding the fate of the parties in the subsequent labor lawsuit.
Moreover, it is important to point out that the arguments to be used by the
parties in the telegraphic exchange will help to establish their positions on
the matter, the basis for the employee to carry out the claim, and the
defense of the company.
In addition, it is worth noting that the lack of response from the company
to any claim or notification of the employee will imply its tacit recognition
which will be detrimental to its chances of winning the labor lawsuit.
We must make it clear that any formal claim made by the employee to the
company by telegram must be answered by the company in a reliable
way, namely by registered letter with all items answered.
The deadlines for answering the letters sent by the employee are not
absolute (there is no sanction for answering out of term), but it is
advisable to answer them quickly (preferably within 48 business hours
after receiving the notification) so that the answer cannot be considered
out of term or so it does not “cross paths” with any other letter sent by the
employee.
Finally, it should be noted that the arguments expressed by the parties in
this instance cannot be modified later and will be used in case the
employee initiates a labor lawsuit. Anything that is not included in this
extrajudicial exchange may not be alleged by any of the parties later
(except the events occurring between the time of sending the letters and
initiating the claim).
Therefore, based on what has been stated above, it is extremely
important to have the legal assistance of an attorney to make the
telegraphic exchange and, thus, appropriately defend the rights of the
company in the event of any claim of an employee or to make a request
relevant to the company. A hasty response to a telegram or registered
letter, however well-intentioned it may be, may result in irreparable harm
to the rights on behalf of the party answering it. This is why the parties are
asked to at least check with an attorney the text they want to send to the
counterparty before sending it.