WRONGFUL TERMINATION DEMAND LETTER

Florida Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Florida 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 - FLA. STAT. Section 90.408

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 Florida law and exposes the Company to substantial liability.

I. FLORIDA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment Doctrine

Florida strictly adheres to the employment-at-will doctrine. See DeMarco v. Publix Super Mkts., Inc., 384 So. 2d 1253 (Fla. 1980). Unlike many other states, Florida does not recognize a common law tort for wrongful discharge in violation of public policy. See Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985).

Important: Wrongful termination claims in Florida must be based on:
1. Specific statutory protections
2. Express contractual provisions
3. Federal law

1. Statutory Protections

Florida provides statutory protections through:
- Florida Civil Rights Act (FCRA): Fla. Stat. Section 760.01 et seq.
- Florida Whistleblower Act (Private Sector): Fla. Stat. Section 448.101 et seq.
- Florida Whistleblower Act (Public Sector): Fla. Stat. Section 112.3187 et seq.
- Workers' Compensation Retaliation: Fla. Stat. Section 440.205
- Jury Service Protection: Fla. Stat. Section 40.271

2. Express Contract Exception

Florida recognizes breach of express contract claims, including written employment agreements and clearly defined handbook provisions. See Quaker Oats Co. v. Jewell, 818 So. 2d 574 (Fla. 5th DCA 2002).

B. Florida Administrative Procedures

Florida Commission on Human Relations (FCHR):
- File within 365 days of alleged discriminatory act
- FCHR investigates and issues determination
- After 180 days, may request right-to-sue letter
- Dual-filing with EEOC available (300 days for EEOC claims)

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], Florida.

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]:

• Objected to or reported a violation of law under Fla. Stat. Section 448.102
• Reported an action by the employer that violates a law, rule, or regulation
• Filed a workers' compensation claim under Fla. Stat. Section 440.205
• Filed a discrimination complaint under the FCRA
• 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 FLORIDA LAW

A. Florida Whistleblower Act - Private Sector (Fla. Stat. Section 448.101 et seq.)

Florida's Private Sector Whistleblower Act provides:

"An employer may not take any retaliatory personnel action against an employee because the employee has... Disclosed, or threatened to disclose, to any appropriate governmental agency... an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation." Fla. Stat. Section 448.102.

Protected Activities:
1. Disclosing or threatening to disclose employer violations to a governmental agency
2. Providing information or testimony to a governmental agency investigating employer violations
3. Objecting to or refusing to participate in employer activity that violates a law, rule, or regulation

Note: Written notice to employer may be required before disclosure, unless activity is criminal or poses danger to public health/safety.

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

Remedies under Section 448.103:
- Injunctive relief
- Reinstatement to former position
- Back pay and compensation for lost wages and benefits
- Reasonable attorney's fees and costs

B. Retaliatory Discharge - Workers' Compensation (Fla. Stat. Section 440.205)

[If applicable:] Florida Statutes Section 440.205 provides:

"No employer shall discharge... any employee because such employee has filed or made known his or her intention to file a claim for 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 Section 440.205:
- Reinstatement to former position
- Back pay and lost wages and benefits
- Reasonable attorney's fees and costs

C. Violation of Florida Civil Rights Act (Fla. Stat. Section 760.01 et seq.)

[If applicable:] [Company Short Name]'s termination of our client constitutes unlawful [discrimination/retaliation] under the FCRA based on [protected characteristic/protected activity].

The FCRA prohibits discrimination based on:
- Race, color, religion, national origin
- Sex (including pregnancy)
- Age, disability, handicap
- Marital status

FCRA Remedies (mirroring Title VII caps):

D. Breach of Express Contract

[If applicable:] [Company Short Name] breached its express contractual obligations by terminating our client without following the required procedures.

Evidence of express contract:
- Written employment agreement stating [quote relevant language]
- Offer letter with specific terms regarding [termination procedures/duration]
- Handbook provisions that clearly and definitely promise [describe promises]

See Quaker Oats Co. v. Jewell, 818 So. 2d 574 (Fla. 5th DCA 2002).

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]

Note: Subject to FCRA caps if discrimination claim

C. Punitive Damages

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

Note: Under FCRA, punitive damages are combined with compensatory damages under the statutory caps. Under the Whistleblower Act, punitive damages may not be available.

D. Attorney's Fees

Under Fla. Stat. Section 448.103 (Whistleblower Act), Section 440.205 (WC retaliation), and Section 760.11 (FCRA), 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 [Circuit Court of the [Ordinal] Judicial Circuit, in and for [County] County, Florida / United States District Court for the [Northern/Middle/Southern] District of Florida] without further notice.

Causes of Action:
1. Violation of Florida Whistleblower Act (Fla. Stat. Section 448.101 et seq.)
2. Violation of Fla. Stat. Section 440.205 (Workers' Compensation Retaliation)
3. Violation of Florida Civil Rights Act (Fla. Stat. Section 760.01 et seq.)
4. Breach of Express Contract
5. [Federal 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 Florida Statutes Section 90.408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Florida Bar No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Florida Considerations

• Florida does NOT recognize common law wrongful discharge tort - claims must be statutory
• Must analyze claims under specific statutory frameworks (Whistleblower Act, FCRA, WC retaliation)
• Private sector whistleblower claims may require prior written notice to employer
• FCRA has same damages caps as Title VII
• 365-day FCHR filing deadline is much longer than federal 180/300-day deadline
• Workers' compensation retaliation is a strong statutory claim
• Implied contract claims are very difficult to establish in Florida

Venue Options

• Florida Circuit Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations

Key Florida Cases

• DeMarco v. Publix Super Mkts., Inc., 384 So. 2d 1253 (Fla. 1980)
• Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985)
• Quaker Oats Co. v. Jewell, 818 So. 2d 574 (Fla. 5th DCA 2002)
• Sierminski v. Transouth Fin. Corp., 216 F.3d 945 (11th Cir. 2000)