WRONGFUL TERMINATION DEMAND LETTER

Georgia Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Georgia 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 - O.C.G.A. Section 24-4-408

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 applicable law and exposes the Company to substantial liability.

I. GEORGIA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment Doctrine

Georgia strictly adheres to the employment-at-will doctrine. See Borden v. Johnson, 196 Ga. App. 288, 395 S.E.2d 628 (1990). Georgia courts have consistently declined to recognize a public policy exception to at-will employment. See Goodroe v. Ga. Power Co., 148 Ga. App. 193, 251 S.E.2d 51 (1978).

Important: Unlike most other states, Georgia does NOT recognize:
- Common law wrongful discharge in violation of public policy
- Implied contract based on employee handbooks (absent specific language)
- Covenant of good faith and fair dealing in employment

Recognized Exceptions:

1. Express Contract

Georgia recognizes breach of express employment contract claims where there is a specific agreement modifying the at-will relationship. See Murphey, Taylor & Ellis v. Williams, 223 Ga. App. 99, 476 S.E.2d 812 (1996).

2. Promissory Estoppel

In limited circumstances, Georgia may recognize promissory estoppel claims based on specific promises of continued employment. See Balmer v. Elan Corp., 278 Ga. 227, 599 S.E.2d 158 (2004).

3. Specific Statutory Protections

• Workers' Compensation Retaliation: O.C.G.A. Section 34-9-11.1
• Jury Service Protection: O.C.G.A. Section 34-1-3
• Military Leave: O.C.G.A. Section 38-2-279
• Voting Leave: O.C.G.A. Section 21-2-404
• Public Employee Whistleblower: O.C.G.A. Section 45-1-4

B. Georgia Administrative Procedures

Note: Georgia is a non-deferral state for EEOC purposes. There is no state fair employment practices agency for private employers.

• EEOC filing deadline: 180 days from the adverse action
• Must pursue federal claims (Title VII, ADA, ADEA) for discrimination

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], Georgia.

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]:

• Filed a workers' compensation claim under O.C.G.A. Section 34-9-11.1
• Exercised jury duty rights under O.C.G.A. Section 34-1-3
• Exercised military leave rights under O.C.G.A. Section 38-2-279
• Opposed discrimination in violation of federal law (Title VII, ADA, ADEA)
• [Other protected activity under federal law]

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

A. Retaliatory Discharge - Workers' Compensation (O.C.G.A. Section 34-9-11.1)

Georgia Code Section 34-9-11.1 provides:

"No employer shall discharge, or in any manner discriminate against or threaten to discharge or discriminate against, any employee... for filing or attempting to file a workers' compensation claim."

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 34-9-11.1:
- Reinstatement to former position
- Back pay and lost wages
- Lost benefits
- Reasonable litigation expenses including attorney's fees
- Punitive damages in appropriate cases

B. Breach of Express Contract

[If applicable:] [Company Short Name] breached its express contractual obligations by terminating our client in violation of [the employment agreement / specific written promises].

Evidence of express contract:
- Written employment agreement dated [Date] stating [quote relevant language]
- Offer letter with specific terms regarding [termination procedures/term of employment]
- [Other written agreements]

See Murphey, Taylor & Ellis v. Williams, 223 Ga. App. 99, 476 S.E.2d 812 (1996).

C. Federal Discrimination / Retaliation Claims

[If applicable:] [Company Short Name]'s termination of our client constitutes unlawful [discrimination/retaliation] in violation of federal law:

Title VII of the Civil Rights Act of 1964: [If based on race, color, religion, sex, national origin]

Americans with Disabilities Act (ADA): [If based on disability]

Age Discrimination in Employment Act (ADEA): [If based on age 40+]

Family and Medical Leave Act (FMLA): [If retaliation for FMLA leave]

Our client [describe protected activity or characteristic] and was terminated in retaliation / because of this protected [activity / characteristic].

D. Promissory Estoppel

[If applicable:] [Company Short Name] made specific promises of [continued employment / specific termination procedures] upon which our client reasonably relied to [his/her/their] detriment.

Elements under Georgia law:
1. Defendant made a promise
2. Defendant should have expected the promise to induce reliance
3. Plaintiff reasonably relied on the promise
4. Injustice can only be avoided by enforcement

See Balmer v. Elan Corp., 278 Ga. 227, 599 S.E.2d 158 (2004).

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 Title VII caps if federal discrimination claim

C. Punitive Damages

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

Under O.C.G.A. Section 51-12-5.1, punitive damages require proof of willful misconduct, malice, fraud, wantonness, or oppression.

D. Attorney's Fees

Under O.C.G.A. Section 34-9-11.1 (WC retaliation), our client is entitled to reasonable litigation expenses including attorney's fees. Under federal civil rights statutes, prevailing plaintiffs are entitled to 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 [Superior Court of [County] County, State of Georgia / United States District Court for the [Northern/Middle/Southern] District of Georgia] without further notice.

Causes of Action:
1. Violation of O.C.G.A. Section 34-9-11.1 (Workers' Compensation Retaliation)
2. Breach of Express Contract
3. Promissory Estoppel
4. [Title VII / ADA / ADEA / FMLA 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 O.C.G.A. Section 24-4-408 and constitutes a confidential settlement communication.

Sincerely,

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

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Georgia Considerations

• Georgia does NOT recognize public policy exception to at-will employment
• No implied contract from employee handbooks without specific disclaimers
• Georgia is a non-deferral state - 180-day EEOC deadline for discrimination claims
• No state fair employment practices agency - must use EEOC
• Workers' compensation retaliation (Section 34-9-11.1) is the primary state law claim
• Must rely heavily on federal claims for discrimination/retaliation
• Express contract claims require clear, definite promises

Venue Options

• Georgia Superior Court (general jurisdiction)
• Georgia State Court (limited civil jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations

Key Georgia Cases

• Borden v. Johnson, 196 Ga. App. 288, 395 S.E.2d 628 (1990)
• Goodroe v. Ga. Power Co., 148 Ga. App. 193, 251 S.E.2d 51 (1978)
• Murphey, Taylor & Ellis v. Williams, 223 Ga. App. 99, 476 S.E.2d 812 (1996)
• Balmer v. Elan Corp., 278 Ga. 227, 599 S.E.2d 158 (2004)
• Ringer v. Champion Int'l, 200 Ga. App. 61, 406 S.E.2d 524 (1991)