WRONGFUL TERMINATION DEMAND LETTER

Iowa Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Iowa Supreme Court Commission 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 - IOWA R. EVID. 5.408

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 Iowa law and exposes the Company to substantial liability.

I. IOWA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Iowa follows the employment-at-will doctrine. See Fogel v. Trustees of Iowa College, 446 N.W.2d 451 (Iowa 1989). However, Iowa courts recognize significant exceptions:

1. Public Policy Exception

Iowa recognizes the public policy exception to at-will employment. See Springer v. Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988); Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275 (Iowa 2000).

Protected activities under Iowa public policy include:
- Filing workers' compensation claims (Springer v. Weeks & Leo)
- Refusing to violate a law or regulation
- Exercising statutory rights
- Reporting illegal employer conduct
- Performing important public duties (jury duty)

2. Implied Contract Exception

Iowa recognizes implied employment contracts based on employer handbooks, policies, and oral representations. See Fogel v. Trustees of Iowa College, 446 N.W.2d 451 (Iowa 1989); Phipps v. IASD Health Servs. Corp., 558 N.W.2d 198 (Iowa 1997).

3. Statutory Protections

Iowa provides specific statutory protections:
- Iowa Civil Rights Act (ICRA): Iowa Code Chapter 216
- Workers' Compensation Retaliation: Iowa Code Section 85.18(3)
- Public Employee Whistleblower Protection: Iowa Code Section 70A.28
- Jury Service Protection: Iowa Code Section 607A.45
- Military Leave: Iowa Code Section 29A.28

B. Iowa Administrative Procedures

Iowa Civil Rights Commission (ICRC):
- File within 300 days of alleged discriminatory act
- ICRC investigates and issues determination
- Dual-filing with EEOC available
- Right to sue after 60 days with no administrative 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], Iowa.

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 Iowa Code Section 85.18(3)
• Filed a discrimination complaint with ICRC
• Refused to violate Iowa or federal law by [describe illegal act requested]
• Reported illegal employer conduct
• 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 IOWA LAW

A. Wrongful Discharge in Violation of Public Policy

Under Springer v. Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988), Iowa recognizes a cause of action for wrongful discharge when termination violates public policy.

Elements of Claim:
1. Existence of a clearly defined public policy
2. The public policy would be undermined by the discharge
3. The employee engaged in conduct protected by that policy
4. The discharge was motivated by that conduct
5. Damages

Public Policy Violated: [Company Short Name] terminated our client for [describe conduct that violated public policy], which violates [cite specific Iowa statute, regulation, or case law].

See also Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275 (Iowa 2000); Teachout v. Forest City Cmty. Sch. Dist., 584 N.W.2d 296 (Iowa 1998).

B. Retaliatory Discharge - Workers' Compensation (Iowa Code Section 85.18(3))

[If applicable:] Iowa Code Section 85.18(3) provides:

"No employer... shall discharge... an employee because the employee has filed a claim... under this chapter."

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 85.18:
- Reinstatement to former position
- Back pay and lost wages
- Lost benefits
- Punitive damages in appropriate cases

See Springer v. Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988).

C. Violation of Iowa Civil Rights Act (Iowa Code Chapter 216)

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

The ICRA prohibits discrimination based on:
- Race, color, creed, national origin
- Religion, sex (including pregnancy), sexual orientation, gender identity
- Age, disability
- Familial status (in housing context)

ICRA Remedies (Iowa Code Section 216.15):
- Compensatory damages (uncapped)
- Punitive damages
- Reasonable attorney's fees and costs
- Injunctive relief

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 Fogel v. Trustees of Iowa College, 446 N.W.2d 451 (Iowa 1989); Phipps v. IASD Health Servs. Corp., 558 N.W.2d 198 (Iowa 1997).

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 reckless disregard of our client's rights, warranting punitive damages under Iowa law.

See McClure v. Walgreen Co., 613 N.W.2d 225 (Iowa 2000) (punitive damages available for willful ICRA violations).

D. Attorney's Fees

Under Iowa Code Section 216.15 (ICRA), 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 [Iowa District Court for [County] County / United States District Court for the [Northern/Southern] District of Iowa] without further notice.

Causes of Action:
1. Wrongful Discharge in Violation of Public Policy
2. Violation of Iowa Code Section 85.18(3) (Workers' Compensation Retaliation)
3. Violation of Iowa Civil Rights Act (Iowa Code Chapter 216)
4. Breach of Implied Contract

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 Iowa Rule of Evidence 5.408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Iowa Supreme Court Commission No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Iowa Considerations

• Iowa recognizes public policy exception under Springer and Fitzgerald
• Implied contract claims are viable with proper handbook language under Fogel and Phipps
• ICRA provides uncapped compensatory and punitive damages
• 300-day filing deadline with ICRC (same as EEOC deferral deadline)
• Iowa is a deferral state for EEOC purposes
• Workers' compensation retaliation is a strong claim
• Sexual orientation and gender identity are protected under ICRA
• Public employee whistleblower statute (70A.28) does not cover private employees

Venue Options

• Iowa District Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations

Key Iowa Cases

• Springer v. Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988)
• Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275 (Iowa 2000)
• Fogel v. Trustees of Iowa College, 446 N.W.2d 451 (Iowa 1989)
• Phipps v. IASD Health Servs. Corp., 558 N.W.2d 198 (Iowa 1997)
• Teachout v. Forest City Cmty. Sch. Dist., 584 N.W.2d 296 (Iowa 1998)
• McClure v. Walgreen Co., 613 N.W.2d 225 (Iowa 2000)