WRONGFUL TERMINATION DEMAND LETTER

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Attorney Bar Number]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Re: Wrongful Termination of [Client Full Name]
Former Position: [Job Title]
Dates of Employment: [Start Date] through [Termination Date]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client" or "[Mr./Ms./Mx. Client Last Name]") regarding [his/her/their] wrongful termination from employment with [Company Legal Name] ("[Company Short Name]" or "the Company") on or about [Termination Date]. Please direct all further communications regarding this matter to our office and refrain from any direct contact with our client.

We write to demand immediate action to remedy the unlawful termination of our client and to resolve this matter short of litigation. As detailed below, [Company Short Name] terminated our client in violation of [state] law and public policy, exposing the Company to substantial liability for compensatory damages, punitive damages, and attorney's fees.

I. FACTUAL BACKGROUND

A. Employment History and Performance

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [Termination Date], a period of approximately [X years/months]. [He/She/They] most recently held the position of [Job Title] in the [Department], reporting to [Supervisor Name and Title].

Throughout [his/her/their] tenure, our client was a dedicated, high-performing employee who consistently met or exceeded expectations:

• [Describe positive performance reviews, ratings, or commendations]
• [Describe any promotions, raises, or increased responsibilities]
• [Describe any awards, recognition, or special achievements]
• [Describe positive feedback from supervisors, clients, or colleagues]

At no time prior to [Date of First Adverse Action or Termination Date] did our client receive any disciplinary action, performance improvement plan, or written warning suggesting [his/her/their] employment was in jeopardy.

B. The Protected Activity / Triggering Event

On or about [Date], our client [describe the protected activity or triggering event that precipitated retaliation]:

☐ Reported illegal activity, fraud, or regulatory violations to [management/regulatory agency/law enforcement]
☐ Refused to participate in illegal or unethical conduct
☐ Filed a complaint regarding workplace safety violations
☐ Exercised rights under an employment contract or company policy
☐ Exercised statutory rights (FMLA, workers' compensation, jury duty, military leave, voting leave)
☐ Complained about discrimination, harassment, or hostile work environment
☐ Participated in an internal or external investigation
☐ Filed or supported a claim for unpaid wages or benefits
☐ Other protected activity: [Describe]

Specifically, our client [provide detailed narrative of the protected activity, including dates, witnesses, and documentation].

C. Adverse Employment Actions and Termination

Following our client's protected activity, [Company Short Name] engaged in a pattern of retaliatory conduct designed to force [him/her/them] out:

Timeline of Adverse Actions:

On [Termination Date], [Supervisor/HR Representative Name] informed our client that [his/her/their] employment was being terminated, purportedly for [state employer's reason, if any]. This pretext is belied by:

1. [Explain why the stated reason is false or pretextual]
2. [Describe temporal proximity between protected activity and termination]
3. [Describe disparate treatment compared to similarly situated employees]
4. [Describe any statements or evidence of discriminatory/retaliatory motive]
5. [Describe any deviation from standard company policies or procedures]

II. LEGAL ANALYSIS

A. Public Policy Exception to At-Will Employment

While [State] generally follows the employment-at-will doctrine, our courts have long recognized that this doctrine is not absolute. An employer may not terminate an employee when doing so violates a clear mandate of public policy.

[State] recognizes wrongful termination claims where an employee is terminated for:

☐ Refusing to commit an illegal act at the employer's direction
☐ Performing a public obligation (jury duty, responding to a subpoena, military service)
☐ Exercising a statutory right or privilege (filing workers' compensation claims, taking FMLA leave)
☐ Reporting or opposing unlawful conduct (whistleblowing)

See [cite controlling state case law establishing public policy exception].

Here, our client was terminated in direct retaliation for [describe protected activity], which [state] law and public policy clearly protect. The termination thus constitutes actionable wrongful discharge.

B. Implied Contract Theory

[If applicable:] Additionally, [Company Short Name]'s own policies and representations created an implied contract limiting its right to terminate employees without cause or without following progressive discipline procedures.

The following evidence establishes an implied contract:

• Employee Handbook provisions: [Describe relevant handbook language suggesting job security or procedural protections]
• Oral assurances: [Describe any statements by management regarding job security]
• Course of dealing: [Describe Company's historical practices regarding termination]
• Industry custom: [Describe relevant industry norms, if applicable]

[Company Short Name] breached this implied contract by terminating our client without just cause and without following its own progressive discipline procedures.

C. Breach of the Covenant of Good Faith and Fair Dealing

[If recognized in jurisdiction:] [State] recognizes an implied covenant of good faith and fair dealing in employment relationships. [Company Short Name] breached this covenant by:

• Terminating our client to avoid paying earned [bonuses/commissions/benefits]
• Acting in bad faith by manufacturing pretextual reasons for termination
• Depriving our client of the benefit of [his/her/their] bargained-for employment

D. Whistleblower Protection Violations

[If applicable:] Our client's termination also violates [State]'s whistleblower protection statute, [cite statute], which prohibits retaliation against employees who report violations of law to [appropriate authorities].

Our client reported [describe the violation reported] to [describe to whom it was reported] on [date]. The Company's subsequent termination of our client constitutes unlawful retaliation under [cite statute].

Under [State]'s whistleblower statute, our client is entitled to:
- Reinstatement to [his/her/their] former position
- Back pay with interest
- Restoration of benefits
- Compensatory damages
- Reasonable attorney's fees and costs
- [Punitive damages / civil penalties, if authorized]

III. DAMAGES

As a direct and proximate result of [Company Short Name]'s wrongful termination, our client has suffered and continues to suffer substantial damages, including but not limited to:

A. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay / Future Lost Earnings

Given [describe factors affecting future employability: age, industry conditions, specialized skills, reputation harm], our client reasonably anticipates [X months/years] until [he/she/they] can secure comparable employment:

4. Other Economic Damages

B. Non-Economic Damages

Our client has suffered severe emotional distress as a result of [Company Short Name]'s wrongful conduct, including:

• [Describe emotional distress symptoms: anxiety, depression, humiliation, loss of sleep, etc.]
• [Describe impact on physical health, if any]
• [Describe impact on personal relationships]
• [Describe medical/psychological treatment sought]
• [Describe reputational harm]

We estimate non-economic damages in the amount of: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct was willful, malicious, and undertaken with reckless disregard for our client's rights. The Company:

• [Describe evidence of malice or reckless indifference]
• [Describe evidence that decision-makers knew conduct was wrongful]
• [Describe any pattern or practice of similar misconduct]

Punitive damages are warranted to punish [Company Short Name] and deter similar conduct. We estimate punitive damages in the amount of: $[Amount]

D. Attorney's Fees and Costs

Pursuant to [cite fee-shifting statute if applicable], our client is entitled to recover reasonable attorney's fees and litigation costs.

Estimated attorney's fees through trial: $[Amount]

E. Summary of Damages

IV. SETTLEMENT DEMAND

Based on the foregoing, we hereby demand that [Company Short Name] pay our client the sum of $[Settlement Demand Amount] in full and final settlement of all claims arising from [his/her/their] wrongful termination.

This demand reflects a reasonable resolution of this matter that accounts for the strength of our client's claims, the substantial damages suffered, and the litigation risks for both parties.

In addition to monetary compensation, we require:

☐ A neutral employment reference stating only dates of employment and final position
☐ Expungement of any negative information from our client's personnel file
☐ Agreement not to contest unemployment benefits
☐ Non-disparagement provisions (mutual)
☐ Confidentiality provisions (subject to negotiation)
☐ [Other non-monetary terms]

V. RESPONSE DEADLINE

Please respond to this demand in writing within [fourteen (14) / twenty-one (21) / thirty (30)] calendar days of your receipt of this letter, no later than [Response Deadline Date].

If we do not receive a satisfactory response by that date, we are authorized and prepared to file suit on behalf of our client without further notice. Such litigation would include claims for:

1. Wrongful Termination in Violation of Public Policy
2. Breach of Implied Contract
3. Breach of the Implied Covenant of Good Faith and Fair Dealing
4. Violation of [State] Whistleblower Protection Act, [cite statute]
5. [Additional causes of action as applicable]

We will seek all available remedies including compensatory damages, punitive damages, attorney's fees, costs, and prejudgment interest.

VI. PRESERVATION OF EVIDENCE

This letter also serves as formal notice of our client's claims and a demand that [Company Short Name] immediately implement a litigation hold to preserve all documents, electronically stored information, and tangible evidence potentially relevant to our client's employment, termination, and the matters described herein.

This includes, but is not limited to:

☐ Our client's complete personnel file, including all performance reviews and disciplinary records
☐ All emails, text messages, and instant messages to, from, or concerning our client
☐ All documents relating to the decision to terminate our client
☐ Policies and procedures regarding termination, discipline, and the conduct at issue
☐ Comparative employee files for similarly situated employees
☐ Any recordings, photographs, or video relating to our client
☐ Electronic access logs, badge records, and computer activity logs
☐ All communications with legal counsel regarding our client

Failure to preserve relevant evidence may result in sanctions, adverse inference instructions, and other remedies available under applicable rules of civil procedure.

VII. CONFIDENTIALITY

This letter constitutes a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and applicable state evidence rules. This letter and its contents may not be used as evidence in any proceeding except to enforce a settlement agreement.

We trust that [Company Short Name] will give this matter the serious attention it deserves and respond in a timely and constructive manner. Our client strongly prefers to resolve this matter without litigation, but is fully prepared to pursue all available legal remedies if necessary.

Please feel free to contact me directly to discuss settlement.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

[Attorney Signature Block]

Enclosures:
☐ Authorization to Represent
☐ [Right to Sue Letter, if applicable]
☐ [Relevant documents supporting claims]

cc: [Client Name] (via email)
[Co-counsel, if any]
[File]

ATTORNEY NOTES (Do Not Include in Final Letter)

Pre-Sending Checklist

☐ Verify all dates, names, and factual allegations with client
☐ Confirm statute of limitations has not run on any claims
☐ Research current state law on wrongful termination theories
☐ Calculate damages with supporting documentation
☐ Determine if administrative exhaustion is required for any claims
☐ Verify employer's correct legal name and registered agent
☐ Confirm client has signed engagement letter and authorization
☐ Review for any confidentiality or non-disparagement provisions in client's employment documents
☐ Consider whether demand amount is reasonable and supportable
☐ Calendar response deadline and follow-up dates

State-Specific Considerations

☐ Does state recognize public policy exception? What sources of public policy are cognizable?
☐ Does state recognize implied contract exception?
☐ Does state recognize implied covenant of good faith and fair dealing?
☐ What is the statute of limitations for each theory?
☐ Is there a state whistleblower statute that applies?
☐ Are punitive damages available? Any caps?
☐ Is there fee-shifting for any claims?
☐ Any administrative prerequisites before filing suit?