WRONGFUL TERMINATION DEMAND LETTER

Massachusetts Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Board of Bar Overseers 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 - MASS. 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 Massachusetts law and exposes the Company to substantial liability, including potential treble damages.

I. MASSACHUSETTS EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Massachusetts follows the employment-at-will doctrine. See Jackson v. Action for Boston Cmty. Dev., Inc., 403 Mass. 8, 525 N.E.2d 411 (1988). However, Massachusetts courts recognize important exceptions:

1. Public Policy Exception

Massachusetts recognizes the public policy exception to at-will employment. See DeRose v. Putnam Mgmt. Co., 398 Mass. 205, 496 N.E.2d 428 (1986); Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., 404 Mass. 145, 533 N.E.2d 1368 (1989).

Protected activities under Massachusetts public policy include:
- Refusing to violate a law or regulation
- Exercising statutory rights (workers' compensation, jury duty)
- Cooperating with law enforcement investigations (Flesner v. Technical Commc'ns Corp., 410 Mass. 805, 575 N.E.2d 1107 (1991))
- Reporting illegal employer conduct (whistleblowing)
- Asserting legally guaranteed rights

2. Implied Contract Exception (Limited)

Massachusetts courts have been cautious about implied contract claims but recognize them in limited circumstances. See Jackson v. Action for Boston Cmty. Dev., Inc., 403 Mass. 8, 525 N.E.2d 411 (1988).

3. Covenant of Good Faith and Fair Dealing

Massachusetts recognizes an implied covenant of good faith and fair dealing, though its application in employment is limited. See Fortune v. Nat'l Cash Register Co., 373 Mass. 96, 364 N.E.2d 1251 (1977).

4. Statutory Protections

Massachusetts provides extensive statutory protections:
- Chapter 151B (Anti-Discrimination): M.G.L. c. 151B
- Whistleblower Protection: M.G.L. c. 149, Section 185
- Workers' Compensation Retaliation: M.G.L. c. 152, Section 75B
- Wage Act Retaliation: M.G.L. c. 149, Section 148A
- Parental Leave Act: M.G.L. c. 149, Section 105D
- Jury Service Protection: M.G.L. c. 234A, Section 61
- Massachusetts Paid Family and Medical Leave: M.G.L. c. 175M

B. Massachusetts Administrative Procedures

Massachusetts Commission Against Discrimination (MCAD):
- File within 300 days of alleged discriminatory act
- MCAD investigates and issues determination
- Dual-filing with EEOC available
- Right to sue after 90 days or remove to court

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], Massachusetts.

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]:

• Reported illegal conduct under M.G.L. c. 149, Section 185 (Whistleblower statute)
• Filed a workers' compensation claim under M.G.L. c. 152, Section 75B
• Filed a discrimination complaint with MCAD
• Refused to violate Massachusetts or federal law by [describe illegal act requested]
• Cooperated with a government investigation
• Served on jury duty as required by law
• Complained about wage violations under the Wage 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 MASSACHUSETTS LAW

A. Wrongful Discharge in Violation of Public Policy

Under DeRose v. Putnam Mgmt. Co., 398 Mass. 205, 496 N.E.2d 428 (1986), Massachusetts 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 clearly established public policy
4. Damages

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

See also Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., 404 Mass. 145, 533 N.E.2d 1368 (1989); Flesner v. Technical Commc'ns Corp., 410 Mass. 805, 575 N.E.2d 1107 (1991).

B. Massachusetts Whistleblower Act (M.G.L. c. 149, Section 185)

The Massachusetts Whistleblower Act provides broad protection:

"An employer shall not take any retaliatory action against an employee because the employee does any of the following: (1) Discloses, or threatens to disclose... an activity, policy or practice of the employer... that the employee reasonably believes is in violation of a law, or a rule or regulation..." M.G.L. c. 149, Section 185(b).

Protected Activities:
1. Disclosing or threatening to disclose violations of law
2. Providing information to a public body conducting an investigation
3. Objecting to or refusing to participate in activity that the employee reasonably believes is in violation of law

Note: Written notice to employer is required before external disclosure unless the violation poses risk of imminent harm to public health or safety, or the employee has reason to believe disclosure will result in destruction of evidence.

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

Remedies under M.G.L. c. 149, Section 185(d):
- Injunctive relief
- Reinstatement
- Back wages and benefits
- Reasonable attorney's fees and costs
- Compensatory damages
- Civil penalty of up to $500 per day of violation (if employer acted unreasonably)

C. Retaliatory Discharge - Workers' Compensation (M.G.L. c. 152, Section 75B)

[If applicable:] Massachusetts General Laws Chapter 152, Section 75B provides:

"Any employee of any employer subject to this chapter who has been discharged... in a manner contrary to Section 75A shall be deemed to have been unfairly discharged..."

Note: Section 75A prohibits discharge for filing or pursuing workers' compensation claims.

Our client filed a workers' compensation claim on [Date] for [injury]. [Company Short Name] terminated our client in retaliation.

Remedies:
- Treble damages
- Reasonable attorney's fees

D. Violation of Chapter 151B (M.G.L. c. 151B)

[If applicable:] [Company Short Name]'s termination of our client constitutes unlawful [discrimination/retaliation] under Chapter 151B based on [protected characteristic/protected activity].

Chapter 151B prohibits discrimination based on:
- Race, color, religious creed, national origin, ancestry
- Sex (including pregnancy, sexual harassment, gender identity)
- Sexual orientation
- Age (40 and over)
- Disability (physical or mental)
- Genetic information
- Military service

Chapter 151B Remedies (Section 9):
- Compensatory damages (no cap)
- Back pay and front pay
- Emotional distress damages
- Treble damages for knowing violations
- Reasonable attorney's fees and costs
- Punitive damages in egregious cases

E. Breach of Implied Covenant of Good Faith and Fair Dealing

Under Fortune v. Nat'l Cash Register Co., 373 Mass. 96, 364 N.E.2d 1251 (1977), Massachusetts recognizes an implied covenant of good faith and fair dealing that may prevent an employer from terminating an employee in bad faith to deprive the employee of earned compensation.

[Company Short Name] terminated our client in bad faith to [describe purpose, e.g., avoid paying commission, bonuses, benefits].

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. Treble Damages

Under M.G.L. c. 151B, Section 9, if [Company Short Name]'s conduct was knowing, our client is entitled to treble damages.

Under M.G.L. c. 152, Section 75B (WC retaliation), our client is entitled to treble damages.

Potential treble damages: $[Amount x 3]

D. Civil Penalty (Whistleblower)

Under M.G.L. c. 149, Section 185(d), if [Company Short Name] acted unreasonably in retaliating against our client, it is subject to a civil penalty of up to $500 per day of violation.

E. Attorney's Fees

Under M.G.L. c. 151B, Section 9, M.G.L. c. 149, Section 185, and M.G.L. c. 152, Section 75B, 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 [Superior Court Department, [County] / United States District Court for the District of Massachusetts] without further notice.

Causes of Action:
1. Wrongful Discharge in Violation of Public Policy
2. Violation of Massachusetts Whistleblower Act (M.G.L. c. 149, Section 185)
3. Violation of M.G.L. c. 152, Section 75B (Workers' Compensation Retaliation)
4. Violation of M.G.L. c. 151B (Discrimination/Retaliation)
5. Breach of Implied Covenant of Good Faith and Fair Dealing

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 Massachusetts Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Board of Bar Overseers No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Massachusetts Considerations

• Massachusetts recognizes public policy exception under DeRose and Flesner
• Chapter 151B provides TREBLE DAMAGES for knowing violations - powerful remedy
• Whistleblower Act (c. 149, Section 185) requires written notice before external disclosure (with exceptions)
• Covenant of good faith recognized under Fortune for commission/compensation cases
• 300-day MCAD filing deadline
• Massachusetts is a deferral state for EEOC purposes - 300-day deadline
• Sexual orientation and gender identity protected under Chapter 151B
• Workers' compensation retaliation (c. 152, Section 75B) provides treble damages
• Civil penalty under Whistleblower Act can add up quickly ($500/day)
• Implied contract claims are viable but courts are cautious

Venue Options

• Massachusetts Superior Court (general jurisdiction)
• District Court (limited jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations

Key Massachusetts Cases

• DeRose v. Putnam Mgmt. Co., 398 Mass. 205, 496 N.E.2d 428 (1986)
• Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., 404 Mass. 145, 533 N.E.2d 1368 (1989)
• Flesner v. Technical Commc'ns Corp., 410 Mass. 805, 575 N.E.2d 1107 (1991)
• Fortune v. Nat'l Cash Register Co., 373 Mass. 96, 364 N.E.2d 1251 (1977)
• Jackson v. Action for Boston Cmty. Dev., Inc., 403 Mass. 8, 525 N.E.2d 411 (1988)
• Mello v. Stop & Shop Cos., 402 Mass. 555, 524 N.E.2d 105 (1988)