WRONGFUL TERMINATION DEMAND LETTER

Maine Law

[ATTORNEY/FIRM LETTERHEAD]

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

I. MAINE EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Maine follows the employment-at-will doctrine. See Larrabee v. Penobscot Frozen Foods, Inc., 486 A.2d 97 (Me. 1984). However, Maine courts recognize important exceptions:

1. Public Policy Exception

Maine recognizes the public policy exception to at-will employment. See Bard v. Bath Iron Works Corp., 590 A.2d 152 (Me. 1991).

Protected activities under Maine public policy include:
- Filing workers' compensation claims
- Refusing to violate a law or regulation
- Exercising statutory rights
- Reporting illegal employer conduct
- Performing important public duties

2. Implied Contract Exception

Maine recognizes implied employment contracts based on employer handbooks, policies, and oral representations. See Larrabee v. Penobscot Frozen Foods, Inc., 486 A.2d 97 (Me. 1984).

3. Statutory Protections

Maine provides extensive statutory protections:
- Maine Human Rights Act (MHRA): 5 M.R.S. Section 4551 et seq.
- Maine Whistleblowers' Protection Act: 26 M.R.S. Section 831 et seq.
- Workers' Compensation Retaliation: 39-A M.R.S. Section 353
- Jury Service Protection: 14 M.R.S. Section 1218
- Family Medical Leave Act (Maine): 26 M.R.S. Section 843 et seq.
- Military Leave: 26 M.R.S. Section 811 et seq.

B. Maine Administrative Procedures

Maine Human Rights Commission (MHRC):
- File within 300 days of alleged discriminatory act
- MHRC investigates and issues determination
- Dual-filing with EEOC available
- Right to sue after 180 days or after MHRC determination

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], Maine.

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 a violation under the Maine Whistleblowers' Protection Act
• Filed a workers' compensation claim under 39-A M.R.S. Section 353
• Filed a discrimination complaint with MHRC
• Refused to violate Maine or federal law by [describe illegal act requested]
• Served on jury duty as required by law
• Exercised rights under Maine Family Medical Leave 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 MAINE LAW

A. Maine Whistleblowers' Protection Act (26 M.R.S. Section 831 et seq.)

The Maine Whistleblowers' Protection Act provides broad protection:

"No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because... The employee, acting in good faith... has reported orally or in writing to the employer... what the employee has reasonable cause to believe is a violation of a law or rule..." 26 M.R.S. Section 833.

Protected Activities:
1. Reporting violations of law or rule (internally or externally)
2. Participating in investigations or proceedings
3. Refusing to carry out a directive that would violate a law or rule
4. Refusing to carry out a directive that endangers health or safety

Our client reported [describe report of violation] on [Date]. [Company Short Name] terminated our client in retaliation for this protected whistleblowing activity.

Remedies under 26 M.R.S. Section 834:
- Injunctive relief
- Reinstatement to former position
- Back pay with interest
- Restoration of benefits and seniority
- Compensatory damages
- Reasonable attorney's fees and costs

B. Retaliatory Discharge - Workers' Compensation (39-A M.R.S. Section 353)

[If applicable:] Maine Revised Statutes 39-A Section 353 provides:

"An employer may not discharge or in any manner discriminate against an employee for: (1) Filing a petition for compensation... (2) Testifying in a proceeding under this Act; or (3) Otherwise asserting a claim for benefits..."

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 353:
- Compensatory damages
- Reinstatement
- Reasonable attorney's fees

C. Violation of Maine Human Rights Act (5 M.R.S. Section 4551 et seq.)

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

The MHRA prohibits discrimination based on:
- Race, color, sex (including pregnancy, sexual harassment)
- Sexual orientation, gender identity
- Physical or mental disability
- Religion, ancestry, national origin
- Age
- Previous assertion of a workers' compensation claim
- Previous whistleblower activity

MHRA Remedies (5 M.R.S. Section 4613):
- Compensatory damages (no cap)
- Punitive damages
- Reasonable attorney's fees and costs
- Injunctive relief

D. Wrongful Discharge in Violation of Public Policy

Under Bard v. Bath Iron Works Corp., 590 A.2d 152 (Me. 1991), Maine 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 mandated public policy
4. Damages

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

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 Larrabee v. Penobscot Frozen Foods, Inc., 486 A.2d 97 (Me. 1984).

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 Maine law.

Note: Punitive damages are available under MHRA for willful violations.

D. Attorney's Fees

Under 26 M.R.S. Section 834 (Whistleblowers' Protection Act) and 5 M.R.S. Section 4613 (MHRA), 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 [Maine Superior Court, [County] / United States District Court for the District of Maine] without further notice.

Causes of Action:
1. Violation of Maine Whistleblowers' Protection Act (26 M.R.S. Section 831 et seq.)
2. Violation of 39-A M.R.S. Section 353 (Workers' Compensation Retaliation)
3. Violation of Maine Human Rights Act (5 M.R.S. Section 4551 et seq.)
4. Wrongful Discharge in Violation of Public Policy
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 Maine Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

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

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Maine Considerations

• Maine recognizes public policy exception under Bard v. Bath Iron Works
• Implied contract claims are viable with proper handbook language under Larrabee
• Maine Whistleblowers' Protection Act provides broad protection and fee-shifting
• MHRA provides uncapped compensatory and punitive damages
• 300-day filing deadline with MHRC (same as EEOC deferral deadline)
• Maine is a deferral state for EEOC purposes
• Sexual orientation and gender identity are protected under MHRA
• Previous assertion of workers' comp claim is protected class under MHRA
• Previous whistleblower activity is protected class under MHRA
• Maine has separate state family medical leave act (26 M.R.S. Section 843)

Venue Options

• Maine Superior Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)

Statute of Limitations

Key Maine Cases

• Bard v. Bath Iron Works Corp., 590 A.2d 152 (Me. 1991)
• Larrabee v. Penobscot Frozen Foods, Inc., 486 A.2d 97 (Me. 1984)
• Costain v. Sunbury Primary Care, P.A., 2008 ME 142, 954 A.2d 1051