WRONGFUL TERMINATION DEMAND LETTER

Alabama Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Alabama State Bar No.]

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 - ALA. R. EVID. 408

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

This firm represents [Client Full Name] ("our client") regarding [his/her/their] wrongful termination from employment with [Company Legal Name] ("[Company Short Name]") on [Termination Date]. Please direct all further communications to our office.

We write to demand immediate action to remedy the unlawful termination and to resolve this matter short of litigation. [Company Short Name]'s termination of our client violates Alabama law and exposes the Company to substantial liability.

I. ALABAMA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Alabama follows the employment-at-will doctrine. See Meeks v. Opp Cotton Mills, Inc., 459 So. 2d 814 (Ala. 1984). However, Alabama courts recognize important exceptions:

1. Public Policy Exception

Alabama recognizes a narrow public policy exception where termination violates a clear mandate of public policy. See Harrell v. Reynolds Metals Co., 495 So. 2d 1381 (Ala. 1986) (recognizing exception where employee refuses to violate law).

Protected activities under Alabama public policy include:
☐ Refusing to violate a criminal statute at employer's direction
☐ Filing a workers' compensation claim (Ala. Code § 25-5-11.1)
☐ Exercising rights under the Alabama Constitution

2. Implied Contract Exception

Alabama recognizes implied employment contracts based on employer handbooks, policies, and representations. See Hoffman-La Roche, Inc. v. Campbell, 512 So. 2d 725 (Ala. 1987).

3. Statutory Protections

Alabama provides specific statutory protections against retaliation:
- Workers' Compensation Retaliation: Ala. Code § 25-5-11.1
- Jury Service: Ala. Code § 12-16-8.1
- Military Leave: Ala. Code § 31-12-1 et seq.
- Voting Leave: Ala. Code § 17-1-5

B. Alabama Administrative Procedures

Note: Alabama is a non-deferral state for EEOC purposes. There is no state fair employment practices agency. For discrimination-based termination claims, the EEOC filing deadline is 180 days from the adverse action.

II. FACTUAL BACKGROUND

A. Employment History

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [Termination Date] as a [Job Title] in [City], Alabama.

Employment Summary:

Our client was a dedicated employee with an excellent performance record:
- [Describe positive performance history]
- [Describe promotions, raises, commendations]
- [Describe any relevant achievements]

B. The Protected Activity / Triggering Event

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

☐ Refused to violate Alabama or federal law by [describe illegal act requested]
☐ Filed a workers' compensation claim for [describe injury] under Ala. Code § 25-5-11.1
☐ Served on jury duty as required by law
☐ Exercised military leave rights
☐ [Other protected activity]

C. The Wrongful Termination

On [Termination Date], [Company Short Name] terminated our client, purportedly for [stated reason]. This stated reason is pretextual, as evidenced by:

1. Temporal proximity: The termination occurred just [X days/weeks] after the protected activity
2. Prior positive treatment: Our client had [no prior discipline / positive reviews / recent promotion]
3. Disparate treatment: Similarly situated employees who did not engage in protected activity were [not terminated / treated more favorably]
4. Shifting explanations: [Describe any inconsistent reasons given]
5. Direct evidence: [Describe any statements indicating true motive]

III. LEGAL CLAIMS UNDER ALABAMA LAW

A. Retaliatory Discharge - Workers' Compensation (Ala. Code § 25-5-11.1)

[If applicable:] Alabama Code § 25-5-11.1 provides:

"No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits..."

Our client filed a workers' compensation claim on [Date] for [injury]. [Company Short Name] terminated our client in retaliation for exercising this statutory right.

Remedies under § 25-5-11.1:
- Reinstatement to former position
- Back pay and lost wages
- Restoration of benefits and seniority
- Reasonable attorney's fees
- Court costs

B. Wrongful Termination in Violation of Public Policy

[Company Short Name] terminated our client in violation of Alabama's public policy against [describe the public policy violated]:

Source of Public Policy: [Cite Alabama statute, constitutional provision, or court decision]

Application: Our client's [refusal to violate law / exercise of legal right] falls squarely within Alabama's public policy exception to at-will employment.

See Harrell v. Reynolds Metals Co., 495 So. 2d 1381 (Ala. 1986); Culbreth v. Woodham Plumbing Co., 599 So. 2d 1120 (Ala. 1992).

C. Breach of Implied Contract

[If applicable:] [Company Short Name]'s Employee Handbook and representations created an implied contract that limited termination to "just cause" and/or required specific progressive discipline procedures.

Evidence of implied contract:
- Employee Handbook provisions stating [quote relevant language]
- Personnel policies requiring [describe procedures]
- Oral representations by [Name] that [describe assurances]

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

See Hoffman-La Roche, Inc. v. Campbell, 512 So. 2d 725 (Ala. 1987).

D. Fraud / Fraudulent Suppression

[If applicable:] [Company Short Name] fraudulently [induced our client's employment / suppressed material information] by [describe fraudulent conduct].

Under Alabama law, fraudulent suppression requires proof that the employer suppressed a material fact with intent to deceive when the employer had a duty to disclose. See Hickox v. Stover, 551 So. 2d 259 (Ala. 1989).

IV. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay

B. Compensatory Damages (Non-Economic)

Our client has suffered severe emotional distress:
- [Describe anxiety, depression, humiliation]
- [Describe impact on health and relationships]
- [Describe medical treatment sought]

Emotional distress damages: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct was willful, malicious, and in conscious disregard of our client's rights, warranting punitive damages.

Alabama Punitive Damages Cap (Ala. Code § 6-11-21):

Note: Caps do not apply to certain intentional torts or pattern/practice misconduct.

D. Attorney's Fees

Under Ala. Code § 25-5-11.1, our client is entitled to reasonable attorney's fees for workers' compensation retaliation claims.

Estimated fees through trial: $[Amount]

E. Summary of Damages

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] in full settlement of all claims.

Additional Terms:
☐ Neutral reference (dates and position only)
☐ No contest to unemployment benefits
☐ Expungement of personnel file
☐ Mutual non-disparagement
☐ Confidentiality (terms to be negotiated)

VI. RESPONSE DEADLINE

Please respond within fourteen (14) calendar days, no later than [Response Deadline Date].

If we do not receive a satisfactory response, we are authorized to file suit in the [Circuit Court of [County] County, Alabama / United States District Court for the [Northern/Middle/Southern] District of Alabama] without further notice.

Causes of Action:
1. Retaliatory Discharge in Violation of Ala. Code § 25-5-11.1
2. Wrongful Termination in Violation of Public Policy
3. Breach of Implied Contract
4. [Fraud / Other claims as applicable]

VII. DOCUMENT PRESERVATION

Immediately implement a litigation hold to preserve all relevant documents and ESI regarding our client's employment, performance, and termination.

VIII. CONFIDENTIALITY

This letter is protected by Alabama Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Alabama State Bar No.]

Enclosures:
☐ Authorization to Represent

cc: [Client Name]
[File]

ALABAMA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key Alabama Considerations

☐ Alabama is a non-deferral state - 180-day EEOC deadline for discrimination claims
☐ Very narrow public policy exception - primarily limited to refusing to violate law
☐ Workers' comp retaliation (§ 25-5-11.1) is the strongest statutory claim
☐ Implied contract claims require specific handbook language or representations
☐ Punitive damages caps apply per Ala. Code § 6-11-21 (but with exceptions)
☐ No state fair employment agency - file directly with EEOC for discrimination

Venue Options

• Alabama Circuit Court (unlimited jurisdiction)
• Alabama District Court (if claim under $20,000)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations