WRONGFUL TERMINATION DEMAND LETTER

Louisiana Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Louisiana State Bar Roll 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 - LA. C.E. ART. 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 Louisiana law and exposes the Company to substantial liability.

I. LOUISIANA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment Doctrine

Louisiana strictly adheres to the at-will employment doctrine under Louisiana Civil Code Article 2747:

"A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause."

Important: Unlike most states, Louisiana does NOT recognize a common law public policy exception to at-will employment. See Quebedeaux v. Dow Chem. Co., 820 So. 2d 542 (La. 2002).

Recognized Exceptions:

1. Statutory Protections

Louisiana provides specific statutory protections:
- Louisiana Employment Discrimination Law (LEDL): La. R.S. 23:301 et seq.
- Workers' Compensation Retaliation: La. R.S. 23:1361
- Environmental Whistleblower Act: La. R.S. 30:2027
- Whistleblower Statute (General): La. R.S. 23:967
- Jury Service Protection: La. R.S. 23:965
- Voting Leave Protection: La. R.S. 18:1309
- Military Leave: La. R.S. 29:38

2. Express Contract Exception

Louisiana recognizes breach of express employment contract claims, including fixed-term contracts. See La. Civ. Code Art. 2749.

B. Louisiana Administrative Procedures

Note: Louisiana does not have a state fair employment practices agency for private sector claims.

• File with EEOC within 300 days (Louisiana is a deferral state via the LEDL)
• LEDL claims can be filed directly in state court without exhaustion

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], Louisiana.

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 La. R.S. 23:1361
• Filed a discrimination complaint under LEDL
• Reported environmental violations under La. R.S. 30:2027
• Reported violations under La. R.S. 23:967 (whistleblower statute)
• Served on jury duty as required by law
• [Other protected activity under specific Louisiana statute]

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 LOUISIANA LAW

A. Retaliatory Discharge - Workers' Compensation (La. R.S. 23:1361)

Louisiana Revised Statutes 23:1361 provides robust protection:

"No person shall discharge an employee from employment because of said employee having asserted a claim for benefits under the provisions of this Chapter..."

Key Provisions:
- Applies to employees who file claims, testify, or assist in proceedings
- Employer bears burden of proving non-retaliatory motive if prima facie case established
- Civil action with enhanced remedies

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 La. R.S. 23:1361:
- Actual damages (lost wages and benefits)
- Reinstatement
- Reasonable attorney's fees and costs
- One year's wages as penalty (if employer failed to prove non-retaliatory motive)
- Court costs

B. Violation of Louisiana Employment Discrimination Law (La. R.S. 23:301 et seq.)

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

The LEDL prohibits discrimination based on:
- Race, color, religion, national origin
- Sex (including pregnancy, childbirth, related medical conditions)
- Age (40 and over)
- Disability
- Sickle cell trait (La. R.S. 23:352)
- Genetic information

LEDL Remedies (mirroring Title VII caps):

Back pay is not subject to these caps.

C. Louisiana Whistleblower Act (La. R.S. 23:967)

[If applicable:] Louisiana's whistleblower statute provides:

"An employer shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law: (1) Discloses or threatens to disclose a workplace act or practice that is in violation of state law..."

Requirements:
- Good faith belief of violation
- Must first advise employer (unless emergency or employer is law violator)
- May disclose to public body

Our client reported [describe violation] on [Date]. [Company Short Name] terminated our client in retaliation.

Remedies under La. R.S. 23:967:
- Compensatory damages
- Back pay
- Reinstatement
- Reasonable attorney's fees and costs
- Punitive damages for willful violations

D. Environmental Whistleblower Act (La. R.S. 30:2027)

[If applicable - for environmental/hazardous waste violations:] This statute protects employees who report environmental violations.

E. 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].

Under Louisiana Civil Code Articles 2747-2750, fixed-term employment contracts require cause for termination before the term expires.

Evidence of express contract:
- Written employment agreement dated [Date] stating [quote relevant language]
- Fixed-term employment agreement
- [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]

Note: Subject to LEDL caps if discrimination claim

C. Statutory Penalty - Workers' Compensation Retaliation

Under La. R.S. 23:1361, if the employer cannot prove a non-retaliatory motive, the employee is entitled to one year's wages as a penalty in addition to actual damages.

Penalty amount: $[Annual Salary]

D. Punitive Damages

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

Note: Punitive damages may be available under the Whistleblower Act (La. R.S. 23:967) for willful violations, but are subject to caps under LEDL.

E. Attorney's Fees

Under La. R.S. 23:1361 (WC retaliation) and La. R.S. 23:967 (whistleblower), our client is entitled to reasonable attorney's fees.

Estimated fees through trial: $[Amount]

F. 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 [[Ordinal] Judicial District Court for the Parish of [Parish], Louisiana / United States District Court for the [Eastern/Middle/Western] District of Louisiana] without further notice.

Causes of Action:
1. Violation of La. R.S. 23:1361 (Workers' Compensation Retaliation)
2. Violation of Louisiana Employment Discrimination Law (La. R.S. 23:301 et seq.)
3. Violation of La. R.S. 23:967 (Whistleblower Protection)
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 Louisiana Code of Evidence Article 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Louisiana State Bar Roll No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Louisiana Considerations

• Louisiana does NOT recognize common law public policy exception (Quebedeaux)
• Claims must be based on specific statutory protections
• Workers' compensation retaliation (La. R.S. 23:1361) is STRONG - includes one year's wages penalty
• LEDL mirrors Title VII with same damages caps
• No state fair employment agency - file with EEOC or directly in court
• Louisiana is a deferral state for EEOC purposes - 300-day deadline
• Prescriptive period (statute of limitations) is 1 year for most claims
• Whistleblower statute (La. R.S. 23:967) requires advising employer first
• Louisiana uses civil law system - different terminology (prescription, delict, etc.)

Venue Options

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

Statute of Limitations (Prescriptive Periods)

Key Louisiana Cases

• Quebedeaux v. Dow Chem. Co., 820 So. 2d 542 (La. 2002)
• Hicks v. Cent. La. Elec. Co., 2007-1262 (La. App. 3 Cir. 4/2/08), 980 So. 2d 855
• Lemaire v. Shoney's, Inc., 94-0907 (La. App. 1 Cir. 3/3/95), 651 So. 2d 922