Notice · Employment & Workplace Relations
Litigation hold for an employment charge or suit
An internal notice to keep the personnel file, comparator information, and messages when a charge or an employment suit is filed or reasonably anticipated.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- United States
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for United States.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a charge of discrimination has arrived or counsel expects a suit. Send it to HR and to the managers the lawyer names. Do not send it to the charging party or put it in the position statement.
Used for these tasks
- Build a dismissal chronology and urgent filing check
- Prepare a chronology of the employment for a Fair Work Commission conference
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may draft the notice from the charge and the systems the lawyer names. The lawyer decides the custodians and whether a preservation duty has arisen.
AI may
- Name the custodians and the systems from the lawyer's list
- Include the personnel file and the investigation notes if those systems are listed
- Flag a draft that tells anyone to delete notes of the events
AI must not
- Must not decide that litigation is reasonably foreseeable
- Must not send the notice to the charging party or to the EEOC
- Must not instruct HR to keep communicating with the charging party about the hold
The lawyer checks
- The charge number and the custodians match the file
- Automatic deletion of email, chat, and video is raised with the system owner
- The notice stays inside the organization
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Employment & Workplace Relations
- Employment contract (award-covered and award-free variants)
- General application (Fair Work Commission Form F1)
- Unfair dismissal application (Fair Work Commission Form F2): eligibility, the 21-day limit and completion guide
- General protections application not involving dismissal (Fair Work Commission Form F8C): completion guide
- Application for reinstatement (QIRC Form 12)
- Redundancy consultation letter, termination letter and NES entitlements checklist
- At-will offer letter
- EEOC charge of discrimination
- Outline for an EEOC position statement
- Fair Work Information Statement, Casual Employment and Fixed Term Contract Information Statements: when and how to give them
- General protections application involving dismissal (Fair Work Commission Form F8): completion guide
- Response to a general protections dismissal application (Form F8A)
- Employer response to an application for reinstatement (QIRC Form 12A)
- Separation and release agreement, with ADEA and OWBPA terms
- Workplace investigation terms of reference, allegation schedule and interview plan
- Disciplinary allegations letter, show cause letter and outcome letter (procedural fairness)
- Application for an order to stop bullying at work (Fair Work Commission Form F72): preparation guide
- Application for an unlawful termination dispute (Form F9)
- General application (QIRC Form 2)
- Employer response to an unfair dismissal application (Form F3): completion guide and jurisdictional-objection checklist
- Employee confidentiality and invention assignment, with DTSA notice
- Title VII charge and suit timing checklist
- Application to deal with a dispute under a dispute settlement procedure (Form F10)
- Application in existing proceedings (QIRC Form 4)
- Deed of settlement and release on termination of employment, with payment and tax treatment checklist
- Federal WARN notice to affected employees
- Workplace generative AI acceptable use policy
- Notice to employees of computer and AI-enabled workplace monitoring (NSW and ACT, with Victorian notes)
- Application for approval of an enterprise agreement (Form F16)
- Application to recover unpaid wages and superannuation (QIRC Form 15)
- Out-of-hours contact and right to disconnect policy (Fair Work Act s 333M)
- WHS risk assessment for AI-driven work allocation and monitoring (psychosocial hazards)
- Order to produce documents or information (Fair Work Commission Form F52)
- Application to appeal (QIRC Form 5)
- Court claim of dismissal in contravention of a general protection (Form 2)
- Small claim under the Fair Work Act (Federal Circuit and Family Court Form 5)
All precedents for Employment & Workplace Relations · Tasks and AI use in this area