- Written by Greg Blueford
As the dark days of winter turn into airy spring days, the 2016 growing season is set to take off. It is not just the Ag industry that is coming to life; it is also the appetites of plaintiffs’ attorneys who threaten frivolous lawsuits with unrealistic demands. Plaintiffs’ attorneys have already been gearing up for spring training by initiating pre-litigation shake-down strategies to extort money from agricultural businesses. These players are looking to make a big-league impact with a distinct spring training routine. First, these attorneys will send written Labor Code sections 226(c) and 1198.5 demands to inspect their client’s wage statements and personnel files. These requests cannot be ignored as there is a monetary penalty for not timely responding.
Additionally, this first pitch includes a request that the employer sign a “tolling agreement.” The tolling agreement, if signed, would stop the clock from ticking on the date the employee’s lawsuit would have to be filed – not something you should agree to! The letter will also insist that the attorney be notified immediately of the existence of any arbitration agreement – or risk waiver of the right to arbitrate. Not so!
- Written by Carl Larson
The Saqui Law Group has received information that the Internal Revenue Service has initiated a special investigation and is issuing Subpoenas To Testify Before A Grand Jury to more than 40+ agricultural employers. The subpoenas contain lists of employees with their last known Social Security Number and demand copies of W2s, I-9s, contact information, and other documents relevant to those employees. Upon review, we have discovered a common thread among the employee lists. They appear to be targeting 900 series social security numbers which are INVALID on their face.
COUNSEL TO MANAGEMENT:
If you receive a grand jury subpoena, contact our office immediately. SLG has a protocol in place for our clients on how to handle. Click here for an example.