WRONGFUL TERMINATION DEMAND LETTER

STATE OF ALASKA

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Alaska ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Alaska Bar Association 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 ALASKA R. EVID. 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 Alaska law and public policy, exposing the Company to substantial liability.

I. ALASKA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Exceptions

Alaska follows the employment-at-will doctrine but recognizes broader exceptions than most states. The Alaska Supreme Court has identified three significant exceptions to at-will employment.

B. Public Policy Exception

Alaska recognizes wrongful termination claims where an employee is discharged in violation of public policy. Knight v. American Guard & Alert, Inc., 714 P.2d 788 (Alaska 1986). Under this exception, termination is actionable when an employee is fired for:

• Refusing to commit an illegal act at the employer's direction
• Performing a public obligation (jury duty, military service, voting)
• Exercising a statutory right or privilege (filing workers' compensation claims, wage complaints)
• Reporting or opposing unlawful conduct (whistleblowing)

The Alaska Supreme Court has stated that public policy may be found in statutes, administrative regulations, or judicial decisions. Knight, 714 P.2d at 792.

C. Implied Contract Exception

Alaska recognizes that an implied contract may modify the at-will relationship. Eales v. Tanana Valley Medical-Surgical Group, Inc., 663 P.2d 958 (Alaska 1983). Evidence of an implied contract includes:

• Employee handbook provisions with specific termination procedures
• Personnel policies requiring "just cause" for termination
• Oral assurances of continued employment or job security
• Employer's established practices regarding discipline and termination
• Length of employment and history of promotions

D. Implied Covenant of Good Faith and Fair Dealing

Importantly, Alaska is one of the few states that recognizes the implied covenant of good faith and fair dealing in employment relationships. Mitford v. de Lasala, 666 P.2d 1000 (Alaska 1983). Under this covenant:

• Employers must deal fairly with employees and not deprive them of the benefits of their employment relationship
• Terminating an employee in bad faith (e.g., to avoid paying earned bonuses or vested benefits) is actionable
• The covenant protects employees from employer conduct that frustrates the purpose of the employment relationship

See also ARCO Alaska, Inc. v. Akers, 753 P.2d 1150 (Alaska 1988) (discussing scope of good faith covenant).

II. ALASKA STATUTORY PROTECTIONS

A. Alaska Human Rights Act

Alaska Statutes Section 18.80.220 prohibits employment discrimination based on:
- Race, religion, color, or national origin
- Age (40 and older)
- Sex (including pregnancy)
- Physical or mental disability
- Marital status
- Changes in marital status
- Pregnancy or parenthood

Administrative Exhaustion: Complaints must be filed with the Alaska State Commission for Human Rights (ASCHR) within 300 days of the alleged discriminatory act. AS 18.80.112.

Remedies: AS 18.80.130 provides for:
- Back pay and benefits
- Reinstatement
- Compensatory damages (including emotional distress)
- Injunctive relief
- Attorney's fees and costs

B. Alaska Whistleblower Protection Act

Alaska Statutes Section 39.90.100 et seq. (Alaska Whistleblower Act) protects public employees who report violations of law or abuse of authority. Key provisions:

• Protects reports of waste, abuse, or substantial danger to public health and safety
• Prohibits retaliation including termination, demotion, suspension, or harassment
• Provides remedies including reinstatement, back pay, and attorney's fees

Note: Private sector whistleblower protections in Alaska are more limited and typically arise under the common law public policy exception or federal whistleblower statutes.

C. Workers' Compensation Retaliation

Alaska Statutes Section 23.30.510 prohibits retaliation against employees who file workers' compensation claims:

"An employer may not discharge, threaten to discharge, intimidate, or coerce an employee because the employee has filed or communicated to the employer an intent to file a claim for compensation under this chapter."

Violations may result in:
- Civil penalties
- Reinstatement
- Back wages
- Attorney's fees

D. Wage and Hour Retaliation

Alaska Statutes Section 23.10.135 prohibits retaliation against employees who file wage complaints or participate in wage investigations.

E. Safety and Health Retaliation

Alaska Statutes Section 18.60.089 prohibits retaliation against employees who report occupational safety or health violations.

F. Jury Service Protection

Alaska Statutes Section 09.20.037 prohibits employers from terminating or threatening to terminate employees for jury service.

G. Military Leave Protection

Alaska Statutes Section 26.05.075 protects employees who are members of the Alaska National Guard or organized militia from termination due to military service.

III. 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:

• [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] did our client receive any disciplinary action or warning suggesting [his/her/their] employment was in jeopardy.

B. The Protected Activity / Triggering Event

On or about [Date], our client engaged in protected activity:

• [ ] Reported illegal activity, fraud, or regulatory violations to [management/regulatory agency/law enforcement]
• [ ] Refused to participate in illegal or unethical conduct as directed by the employer
• [ ] Filed a workers' compensation claim under AS 23.30
• [ ] Filed a wage complaint or participated in a wage investigation
• [ ] Reported safety violations under the Alaska Occupational Safety and Health Act
• [ ] Exercised statutory rights (FMLA, jury duty, military leave, voting leave)
• [ ] Complained about discrimination or harassment under the Alaska Human Rights Act
• [ ] Participated in an internal or external investigation
• [ ] 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 retaliatory conduct:

Timeline of Adverse Actions:

On [Termination Date], [Supervisor/HR Representative Name] informed our client that [his/her/their] employment was being terminated. The stated reason of [employer's stated reason] is pretextual, as evidenced by:

1. [Temporal proximity between protected activity and termination]
2. [Disparate treatment compared to similarly situated employees]
3. [Statements or evidence of retaliatory motive]
4. [Deviation from standard company policies or procedures]
5. [Inconsistent or shifting explanations for termination]

IV. LEGAL CLAIMS

A. Wrongful Termination in Violation of Public Policy

[Company Short Name]'s termination of our client violates clearly established Alaska public policy. Under Knight v. American Guard & Alert, Inc., 714 P.2d 788 (Alaska 1986), terminating an employee for [describe protected activity] constitutes actionable wrongful discharge.

The public policy violated is clearly articulated in [cite specific statute, regulation, or judicial decision establishing the public policy].

B. Breach of the Implied Covenant of Good Faith and Fair Dealing

Under Mitford v. de Lasala, 666 P.2d 1000 (Alaska 1983), [Company Short Name] breached the implied covenant of good faith and fair dealing by:

• [Describe how employer acted in bad faith]
• [Describe how termination deprived client of benefits of employment]
• [Describe manipulation of circumstances to avoid contractual or other obligations]

The Company's conduct demonstrates a pattern of bad faith designed to [describe employer's improper purpose, e.g., avoid paying earned bonuses, prevent vesting of benefits, retaliate for protected activity].

C. Breach of Implied Contract

[If applicable:] [Company Short Name]'s employee handbook, policies, and representations created an implied contract limiting termination to "for cause" only after following progressive discipline procedures. See Eales v. Tanana Valley Medical-Surgical Group, Inc., 663 P.2d 958 (Alaska 1983).

Evidence of the implied contract includes:
- [Specific handbook language]
- [Oral assurances made by management]
- [Company's established disciplinary practices]
- [Length of employment and performance history]

[Company Short Name] breached this implied contract by terminating our client without cause and without following established procedures.

D. Violation of Alaska Human Rights Act, AS 18.80.220

[If applicable:] Our client's termination constitutes unlawful discrimination based on [protected characteristic] in violation of the Alaska Human Rights Act. AS 18.80.220.

[Describe the discriminatory conduct and evidence supporting the claim.]

Note: [Our client has filed / intends to file] a complaint with the Alaska State Commission for Human Rights in accordance with AS 18.80.112.

E. Violation of Workers' Compensation Retaliation Statute, AS 23.30.510

[If applicable:] Our client filed a workers' compensation claim on [Date] following a workplace injury sustained on [Date]. The Company's subsequent termination constitutes unlawful retaliation under AS 23.30.510.

F. [Additional Claims as Applicable]

[Insert additional claims such as Title VII, ADA, ADEA, FMLA, etc., if applicable]

V. DAMAGES

A. Statute of Limitations

The statute of limitations for wrongful termination claims in Alaska is two (2) years from the date of termination. AS 09.10.070. This claim arises from termination on [Date], and therefore the limitations period expires on [Date].

For Alaska Human Rights Act claims, complaints must be filed with the ASCHR within 300 days of the discriminatory act.

B. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay / Future Lost Earnings

Given [factors affecting future employability], our client anticipates [X months/years] until [he/she/they] can secure comparable employment:

C. Non-Economic Damages

Alaska law permits recovery for emotional distress in wrongful termination cases. See Doe v. State, 92 P.3d 398 (Alaska 2004). Our client has suffered:

• [Describe emotional distress symptoms: anxiety, depression, humiliation]
• [Describe impact on physical health]
• [Describe impact on personal relationships]
• [Describe medical/psychological treatment sought]
• [Describe reputational harm]

Estimated non-economic damages: $[Amount]

D. Punitive Damages

Alaska law permits punitive damages where the defendant's conduct demonstrates "outrageous conduct" or "malice." Doe v. Samaritan Counseling Ctr., 791 P.2d 344 (Alaska 1990). [Company Short Name]'s conduct meets this standard because:

• [Describe evidence of malice or outrageous conduct]
• [Describe awareness of wrongfulness]
• [Describe pattern of similar misconduct]

Estimated punitive damages: $[Amount]

E. Attorney's Fees and Costs

Alaska follows a modified English Rule for attorney's fees under Alaska Civil Rule 82. Additionally, fee-shifting may be available under:
- Alaska Human Rights Act (AS 18.80.130)
- Workers' compensation retaliation statute
- Other applicable statutes

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

F. Mitigation of Damages

Our client has diligently sought comparable employment since [his/her/their] termination:
- [Describe job search efforts]
- [Describe applications submitted]
- [Describe interviews attended]
- [Describe any interim employment obtained]

G. Summary of Damages

VI. 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.

In addition to monetary compensation, we require:

• [ ] A neutral employment reference
• [ ] Expungement of negative information from personnel file
• [ ] Agreement not to contest unemployment benefits
• [ ] Mutual non-disparagement provisions
• [ ] Confidentiality provisions (subject to negotiation)
• [ ] [Other non-monetary terms]

VII. RESPONSE DEADLINE

Please respond to this demand in writing within twenty-one (21) 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 in the Superior Court of Alaska, [Judicial District], without further notice.

VIII. PRESERVATION OF EVIDENCE

This letter serves as formal notice to implement a litigation hold and preserve all documents and electronically stored information relating to our client's employment and termination, including but not limited to:

• [ ] Complete personnel file
• [ ] All emails and electronic communications regarding our client
• [ ] Documents relating to the termination decision
• [ ] Policies and procedures regarding termination and discipline
• [ ] Comparative employee files
• [ ] Electronic access logs and records

Failure to preserve evidence may result in spoliation sanctions under Alaska law. See Masson v. State, 112 P.3d 684 (Alaska 2005).

IX. CONFIDENTIALITY

This letter constitutes a confidential settlement communication protected under Alaska Rule of Evidence 408 and 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 serious attention and respond in a timely manner. Our client prefers to resolve this matter without litigation but is fully prepared to pursue all available legal remedies.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
Alaska Bar Association No. [Number]

Enclosures:
- [ ] Authorization to Represent
- [ ] [Supporting documentation]

cc: [Client Name] (via email)
[File]

ALASKA-SPECIFIC PRACTICE NOTES

• [ ] Good Faith Covenant: Alaska is one of the few states recognizing the implied covenant of good faith and fair dealing in employment. This provides a powerful additional claim avenue.

• [ ] Broad Public Policy Exception: Alaska courts liberally interpret public policy sources - not limited to statutes but includes administrative regulations and judicial decisions.

• [ ] Implied Contract Claims: Alaska courts are receptive to implied contract arguments based on handbooks, oral assurances, and established practices.

• [ ] Alaska Human Rights Act: File with ASCHR within 300 days. Commission investigation must be completed before private lawsuit can be filed (exhaustion required).

• [ ] Two-Year Statute of Limitations: Wrongful termination tort claims must be filed within two years. AS 09.10.070.

• [ ] Attorney's Fees: Alaska Civil Rule 82 provides for partial fee-shifting - prevailing party may recover percentage of actual fees. Factor this into settlement calculations.

• [ ] Punitive Damages: Available but require showing of "outrageous conduct" or "malice." No statutory cap in Alaska.

• [ ] Small Labor Market: Alaska's small employment market may make mitigation efforts particularly important - document thoroughly.

• [ ] Venue: Superior Court in judicial district where defendant may be found or where cause of action arose.

• [ ] Federal Claims: Consider Title VII, ADA, ADEA if applicable. EEOC has work-sharing agreement with ASCHR.