WRONGFUL TERMINATION DEMAND LETTER

Delaware Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Delaware Bar ID 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 - D.R.E. 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 Delaware law and exposes the Company to substantial liability.

I. DELAWARE EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Delaware strongly adheres to the employment-at-will doctrine. See E.I. DuPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996). However, Delaware courts recognize the following exceptions:

1. Implied Contract Exception

Delaware recognizes implied employment contracts based on employer handbooks, policies, and representations. See Merrill v. Crothall-American, Inc., 606 A.2d 96 (Del. 1992); Heideck v. Kent Gen. Hosp., Inc., 446 A.2d 1095 (Del. 1982).

2. Public Policy Exception (Narrow)

Delaware has narrowly recognized the public policy exception. See E.I. DuPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996) (recognizing limited exception but declining to expand it).

The exception may apply where:
- Employee refuses to commit an illegal act
- Employee exercises a statutory right
- Employee reports employer's illegal conduct (per whistleblower statute)

3. Statutory Protections

Delaware provides specific statutory protections:
- Delaware Discrimination in Employment Act (DDEA): Del. Code Ann. tit. 19, Section 710 et seq.
- Whistleblower Protection: Del. Code Ann. tit. 19, Section 1703
- Workers' Compensation Retaliation: Del. Code Ann. tit. 19, Section 2365
- Jury Service Protection: Del. Code Ann. tit. 10, Section 4515
- Military Leave: Del. Code Ann. tit. 20, Section 905

B. Delaware Administrative Procedures

Note: Delaware's Department of Labor does not have an enforcement agency for employment discrimination. The DDEA creates a private right of action.

• File charge with EEOC within 300 days (Delaware is a deferral state via DDEA)
• Private lawsuit under DDEA: 90 days to file charge, then 2 years to file suit

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], Delaware.

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 Delaware or federal law by [describe illegal act requested]
• Reported illegal conduct under Del. Code Ann. tit. 19, Section 1703
• Filed a workers' compensation claim under Del. Code Ann. tit. 19, Section 2365
• Exercised rights under the Delaware Discrimination in Employment Act
• Served on jury duty as required by law
• [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 DELAWARE LAW

A. Whistleblower Retaliation (Del. Code Ann. tit. 19, Section 1703)

Delaware's whistleblower protection statute provides:

"An employer shall not discharge... any employee because the employee... reports verbally or in writing to the employer or to any other entity, what the employee believes in good faith to be a violation of... any federal, state, or local law..."

Our client reported [describe report of illegal activity] on [Date]. [Company Short Name] terminated our client in retaliation for this protected whistleblowing activity.

Remedies under Section 1703:
- Reinstatement to former position
- Back pay and compensation for lost wages and benefits
- Reasonable attorney's fees and costs
- Injunctive relief

B. Retaliatory Discharge - Workers' Compensation (Del. Code Ann. tit. 19, Section 2365)

[If applicable:] Delaware Code Title 19, Section 2365 prohibits employers from discharging employees for filing workers' compensation claims.

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

C. Violation of Delaware Discrimination in Employment Act (DDEA)

[If applicable:] [Company Short Name]'s termination of our client constitutes unlawful [discrimination/retaliation] under Del. Code Ann. tit. 19, Section 711, based on [protected characteristic/protected activity].

The DDEA prohibits discrimination based on:
- Race, color, religion, national origin
- Sex (including pregnancy)
- Age (40 and over)
- Marital status
- Genetic information
- Sexual orientation and gender identity

D. Breach of Implied Contract

[Company Short Name]'s Employee Handbook and representations created an implied contract limiting termination to "just cause" and/or requiring 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]

See Merrill v. Crothall-American, Inc., 606 A.2d 96 (Del. 1992); Heideck v. Kent Gen. Hosp., Inc., 446 A.2d 1095 (Del. 1982).

E. Wrongful Termination in Violation of Public Policy

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

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

See E.I. DuPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996).

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, wanton, and in conscious disregard of our client's rights, warranting punitive damages under Delaware law.

See Jardel Co. v. Hughes, 523 A.2d 518 (Del. 1987) (punitive damages require showing of evil motive or reckless indifference).

D. Attorney's Fees

Under Del. Code Ann. tit. 19, Section 1703 (whistleblower), our client is entitled to reasonable attorney's fees.

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 [Delaware Superior Court, [County] County / United States District Court for the District of Delaware] without further notice.

Causes of Action:
1. Violation of Del. Code Ann. tit. 19, Section 1703 (Whistleblower Protection)
2. Violation of Del. Code Ann. tit. 19, Section 2365 (Workers' Compensation Retaliation)
3. Violation of Delaware Discrimination in Employment Act
4. Breach of Implied Contract
5. Wrongful Termination in Violation of Public Policy

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 Delaware Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Delaware Bar ID No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Delaware Considerations

• Delaware strongly adheres to at-will employment doctrine
• Public policy exception is narrow - Pressman declined to expand it broadly
• Implied contract claims remain viable with proper handbook language
• Whistleblower statute (Section 1703) provides fee-shifting
• No state fair employment agency - file with EEOC
• Delaware is a deferral state - 300-day EEOC deadline
• DDEA provides state law anti-discrimination protections

Venue Options

• Delaware Superior Court (general jurisdiction)
• Delaware Court of Chancery (equitable relief)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations

Key Delaware Cases

• E.I. DuPont de Nemours & Co. v. Pressman, 679 A.2d 436 (Del. 1996)
• Merrill v. Crothall-American, Inc., 606 A.2d 96 (Del. 1992)
• Heideck v. Kent Gen. Hosp., Inc., 446 A.2d 1095 (Del. 1982)
• Jardel Co. v. Hughes, 523 A.2d 518 (Del. 1987)