WRONGFUL TERMINATION DEMAND LETTER

Indiana Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Indiana 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 - IND. 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 Indiana law and exposes the Company to substantial liability.

I. INDIANA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Indiana strongly adheres to the employment-at-will doctrine. See Orr v. Westminster Village North, Inc., 689 N.E.2d 712 (Ind. 1997). However, Indiana courts recognize limited exceptions:

1. Public Policy Exception (Narrow)

Indiana recognizes a narrow public policy exception where termination violates a clear statutory right or duty. See Frampton v. Central Indiana Gas Co., 260 Ind. 249, 297 N.E.2d 425 (1973) (workers' compensation retaliation).

Protected activities include:
- Filing workers' compensation claims (Frampton)
- Exercising specific statutory rights
- Refusing to commit criminal acts

Note: Indiana's public policy exception is narrower than many states and generally requires a specific statutory basis.

2. Implied Contract Exception (Limited)

Indiana courts have been reluctant to recognize implied employment contracts. See Orr v. Westminster Village North, Inc., 689 N.E.2d 712 (Ind. 1997).

3. Statutory Protections

Indiana provides specific statutory protections:
- Indiana Civil Rights Law (ICRL): Ind. Code Section 22-9-1-1 et seq.
- Workers' Compensation Retaliation: Ind. Code Section 22-3-2-15
- Jury Service Protection: Ind. Code Section 33-28-5-24.5
- Military Leave: Ind. Code Section 10-17-4-1 et seq.
- Occupational Safety Complaints: Ind. Code Section 22-8-1.1-38.1

B. Indiana Administrative Procedures

Indiana Civil Rights Commission (ICRC):
- File within 180 days of alleged discriminatory act
- ICRC investigates and issues determination
- Dual-filing with EEOC available (300 days for EEOC claims in deferral state)
- Right to sue after 180 days with no conciliation agreement

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], Indiana.

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 Ind. Code Section 22-3-2-15
• Filed a discrimination complaint with ICRC
• Served on jury duty as required by law
• Refused to commit a criminal act
• [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 INDIANA LAW

A. Retaliatory Discharge - Workers' Compensation (Ind. Code Section 22-3-2-15)

Indiana Code Section 22-3-2-15 and the Frampton public policy exception provide:

An employer may not discharge an employee solely because the employee filed a workers' compensation claim.

See Frampton v. Central Indiana Gas Co., 260 Ind. 249, 297 N.E.2d 425 (1973) (landmark case establishing workers' compensation retaliation as actionable under public policy exception).

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:
- Lost wages
- Lost benefits
- Compensatory damages
- Punitive damages in egregious cases
- Attorney's fees

B. Wrongful Discharge in Violation of Public Policy

[If applicable:] Under Indiana's narrow public policy exception, [Company Short Name] terminated our client for exercising a statutory right or refusing to violate the law.

Elements under Indiana Law:
1. Clear statutory expression of public policy
2. Employee engaged in activity protected by that policy
3. Employer terminated employee because of that activity
4. Damages resulting from termination

Statutory Basis: [Cite specific Indiana statute that establishes the public policy]

See McClanahan v. Remington Freight Lines, Inc., 517 N.E.2d 390 (Ind. 1988).

C. Violation of Indiana Civil Rights Law (Ind. Code Section 22-9-1-1 et seq.)

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

The ICRL prohibits discrimination based on:
- Race, color, religion, national origin, ancestry
- Sex (including pregnancy)
- Age (40 and over)
- Disability

ICRL Remedies (Ind. Code Section 22-9-1-6):
- Back pay and benefits
- Compensatory damages
- Reasonable attorney's fees and costs
- Injunctive relief

Note: Punitive damages are generally not available under the ICRL for discrimination claims.

D. 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]

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.

Note: Punitive damages may be available for workers' compensation retaliation claims under Frampton in egregious cases, but are generally not available under the ICRL for discrimination claims.

D. Attorney's Fees

Under Ind. Code Section 22-9-1-6 (ICRL), our client is entitled to reasonable attorney's fees for prevailing on discrimination 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 [[County] Superior/Circuit Court, State of Indiana / United States District Court for the [Northern/Southern] District of Indiana] without further notice.

Causes of Action:
1. Retaliatory Discharge in Violation of Ind. Code Section 22-3-2-15
2. Wrongful Discharge in Violation of Public Policy
3. Violation of Indiana Civil Rights Law (Ind. Code Section 22-9-1-1 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 Indiana Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

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

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Indiana Considerations

• Indiana's public policy exception is NARROW - generally requires specific statutory basis
• Frampton doctrine protects workers' compensation claimants
• ICRL does not allow punitive damages for discrimination claims
• Implied contract claims are very difficult to establish in Indiana
• Indiana is a deferral state for EEOC purposes - 300-day deadline
• 180-day ICRC filing deadline
• No general private sector whistleblower statute
• Federal claims may provide stronger remedies than state law

Venue Options

• Indiana Superior Court / Circuit Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations

Key Indiana Cases

• Frampton v. Central Indiana Gas Co., 260 Ind. 249, 297 N.E.2d 425 (1973)
• Orr v. Westminster Village North, Inc., 689 N.E.2d 712 (Ind. 1997)
• McClanahan v. Remington Freight Lines, Inc., 517 N.E.2d 390 (Ind. 1988)
• Meyers v. Meyers, 861 N.E.2d 704 (Ind. 2007)