WRONGFUL TERMINATION DEMAND LETTER

Kentucky Law

[ATTORNEY/FIRM LETTERHEAD]

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

I. KENTUCKY EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Kentucky follows the employment-at-will doctrine. See Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730 (Ky. 1984). However, Kentucky courts recognize important exceptions:

1. Public Policy Exception

Kentucky recognizes the public policy exception to at-will employment. See Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730 (Ky. 1984); Grzyb v. Evans, 700 S.W.2d 399 (Ky. 1985).

Protected activities under Kentucky public policy include:
- Filing workers' compensation claims (Firestone)
- Refusing to violate a law or regulation
- Exercising statutory rights
- Reporting illegal employer conduct
- Performing jury duty

2. Implied Contract Exception

Kentucky recognizes implied employment contracts based on employer handbooks, policies, and representations. See Shah v. Am. Synthetic Rubber Corp., 655 S.W.2d 489 (Ky. 1983).

3. Statutory Protections

Kentucky provides specific statutory protections:
- Kentucky Civil Rights Act (KCRA): KRS Chapter 344
- Workers' Compensation Retaliation: KRS 342.197
- Occupational Safety and Health Retaliation: KRS 338.121
- Wage and Hour Retaliation: KRS 337.990
- Public Employee Whistleblower: KRS 61.102
- Jury Service Protection: KRS 29A.160

B. Kentucky Administrative Procedures

Kentucky Commission on Human Rights (KCHR):
- File within 180 days of alleged discriminatory act (administrative process)
- Alternatively, file directly in circuit court within 5 years
- Dual-filing with EEOC available (300 days for EEOC in deferral state)

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], Kentucky.

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 KRS 342.197
• Filed a discrimination complaint with KCHR
• Refused to violate Kentucky or federal law by [describe illegal act requested]
• Reported workplace safety violations under KRS 338.121
• 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 KENTUCKY LAW

A. Wrongful Discharge in Violation of Public Policy

Under Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730 (Ky. 1984), Kentucky recognizes a cause of action for wrongful discharge when termination violates public policy.

Elements of Claim:
1. Employer-employee relationship
2. Termination of employment
3. Termination violated a well-defined public policy
4. Causal connection between protected activity and termination
5. Damages

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

See also Grzyb v. Evans, 700 S.W.2d 399 (Ky. 1985); Boykins v. Hous. Auth. of Louisville, 842 S.W.2d 527 (Ky. 1992).

B. Retaliatory Discharge - Workers' Compensation (KRS 342.197)

[If applicable:] Kentucky Revised Statutes 342.197 provides:

"No employee shall be harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful 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 KRS 342.197:
- Lost wages and benefits
- Reinstatement
- Compensatory damages
- Reasonable attorney's fees

C. Violation of Kentucky Civil Rights Act (KRS Chapter 344)

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

The KCRA prohibits discrimination based on:
- Race, color, religion, national origin
- Sex (including pregnancy)
- Age (40 and over)
- Disability
- Smoking status (KRS 344.040)

KCRA Remedies (KRS 344.450):
- Back pay and benefits
- Compensatory damages
- Reasonable attorney's fees and costs
- Injunctive relief

Note: KCRA allows direct filing in circuit court within 5 years, which may be preferable to administrative filing.

D. Occupational Safety and Health Retaliation (KRS 338.121)

[If applicable:] KRS 338.121 prohibits retaliation against employees who:
- File occupational safety and health complaints
- Institute proceedings related to workplace safety
- Testify in such proceedings
- Exercise rights under occupational safety laws

Our client [describe safety-related protected activity] on [Date]. [Company Short Name] terminated our client in retaliation.

E. 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 Shah v. Am. Synthetic Rubber Corp., 655 S.W.2d 489 (Ky. 1983).

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 Kentucky common law.

Note: Punitive damages are available for common law wrongful discharge claims in egregious cases.

D. Attorney's Fees

Under KRS 344.450 (KCRA) and KRS 342.197 (workers' compensation retaliation), 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 [[County] Circuit Court, Commonwealth of Kentucky / United States District Court for the [Eastern/Western] District of Kentucky] without further notice.

Causes of Action:
1. Wrongful Discharge in Violation of Public Policy
2. Violation of KRS 342.197 (Workers' Compensation Retaliation)
3. Violation of Kentucky Civil Rights Act (KRS Chapter 344)
4. Violation of KRS 338.121 (Occupational Safety Retaliation)
5. 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 Kentucky Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Kentucky Bar Association No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Kentucky Considerations

• Kentucky recognizes public policy exception under Firestone and Grzyb
• Implied contract claims are viable with proper handbook language under Shah
• KCRA allows direct filing in circuit court within 5 years (bypassing KCHR)
• Kentucky is a deferral state for EEOC purposes - 300-day deadline
• Workers' compensation retaliation is statutory (KRS 342.197)
• Occupational safety retaliation provides additional protection (KRS 338.121)
• Smoking status is a protected class under KCRA (unique to Kentucky)
• Very long statute of limitations for written contracts (15 years)
• Short statute of limitations for tort claims (1 year)

Venue Options

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

Statute of Limitations

Key Kentucky Cases

• Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730 (Ky. 1984)
• Grzyb v. Evans, 700 S.W.2d 399 (Ky. 1985)
• Shah v. Am. Synthetic Rubber Corp., 655 S.W.2d 489 (Ky. 1983)
• Boykins v. Hous. Auth. of Louisville, 842 S.W.2d 527 (Ky. 1992)
• Wymer v. JH Properties, Inc., 50 S.W.3d 195 (Ky. 2001)