WRONGFUL TERMINATION DEMAND LETTER

Missouri Law

[ATTORNEY/FIRM LETTERHEAD]

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

I. MISSOURI EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Missouri follows the employment-at-will doctrine. See Johnson v. McDonnell Douglas Corp., 745 S.W.2d 661 (Mo. 1988). However, Missouri courts recognize important exceptions:

1. Public Policy Exception

Missouri recognizes a public policy exception to at-will employment. See Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859 (Mo. Ct. App. 1985).

Protected activities include:
- Refusing to violate the law at employer's direction
- Reporting violations of law or regulation
- Exercising a statutory right
- Filing workers' compensation claims

2. Implied Contract Exception

Missouri recognizes implied contracts based on employer handbooks and personnel policies in limited circumstances. See Arie v. Intertherm, Inc., 648 S.W.2d 142 (Mo. Ct. App. 1983).

3. Workers' Compensation Retaliation

Mo. Rev. Stat. 287.780 prohibits retaliation for exercising workers' compensation rights.

B. Key Missouri Statutes

Missouri Human Rights Act (Mo. Rev. Stat. 213.010 et seq.)
- Prohibits discrimination based on race, color, religion, national origin, sex, ancestry, age (40-70), disability
- Covers employers with six or more employees
- 180-day filing deadline with MCHR

Workers' Compensation Retaliation (Mo. Rev. Stat. 287.780)
- Prohibits discharge for exercising workers' compensation rights
- 2-year statute of limitations
- Provides for reinstatement, back pay, and costs

Service Letter Statute (Mo. Rev. Stat. 290.140)
- Requires employers to provide truthful service letter upon request
- Creates cause of action for false service letters

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], Missouri.

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]:

• Refused to violate Missouri or federal law by [describe illegal act requested]
• Reported violations of law to [management/authorities]
• Filed a workers' compensation claim under Mo. Rev. Stat. 287.780
• Filed a complaint with the Missouri Commission on Human Rights
• [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 MISSOURI LAW

A. Retaliatory Discharge - Workers' Compensation (Mo. Rev. Stat. 287.780)

[If applicable:] Missouri Revised Statutes 287.780 provides:

"No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter, or against any employee who has filed a claim or who has testified or is about to testify in any proceeding 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:
- Lost wages and benefits
- Reinstatement
- Compensatory damages
- Punitive damages in egregious cases
- Court costs and attorney's fees

See Hansome v. Nw. Cooperage Co., 679 S.W.2d 273 (Mo. 1984).

B. Wrongful Termination in Violation of Public Policy

[Company Short Name] terminated our client in violation of Missouri's public policy against [describe the public policy violated]:

Source of Public Policy: [Cite Missouri statute, constitutional provision, or court decision]

Missouri recognizes that discharge violates public policy when an employee:
- Refuses to break the law
- Reports violations of law
- Acts in a manner public policy would encourage
- Refuses to act in a manner public policy would condemn

See Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859 (Mo. Ct. App. 1985); Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81 (Mo. 2010).

C. Breach of Implied Contract

[If applicable:] [Company Short Name]'s Employee Handbook and representations created an implied contract that limited termination to "just cause" and/or required specific procedures.

Evidence of implied contract:
- Employee Handbook provisions stating [quote relevant language]
- Personnel policies requiring [describe procedures]
- Oral representations by [Name] that [describe assurances]
- Absence of clear disclaimer language

See Johnson v. McDonnell Douglas Corp., 745 S.W.2d 661 (Mo. 1988).

D. Violation of Missouri Human Rights Act (Mo. Rev. Stat. 213.010 et seq.)

[If applicable:] [Company Short Name]'s termination was motivated by discrimination based on [protected characteristic].

The MHRA prohibits employment discrimination based on race, color, religion, national origin, sex, ancestry, age (40-70), and disability.

Remedies under MHRA (Mo. Rev. Stat. 213.111):
- Back pay
- Compensatory damages
- Injunctive relief
- Reasonable attorney's fees and costs

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, malicious, and in conscious disregard of our client's rights.

Under Missouri common law, punitive damages are available for wrongful discharge claims involving egregious conduct.

Punitive damages: $[Amount]

D. Attorney's Fees

Under MHRA and workers' compensation retaliation provisions, our client may be 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 [Circuit Court of [County] County, Missouri / United States District Court for the [Eastern/Western] District of Missouri] without further notice.

Causes of Action:
1. Retaliatory Discharge in Violation of Mo. Rev. Stat. 287.780
2. Wrongful Termination in Violation of Public Policy
3. Breach of Implied Contract
4. Violation of Missouri Human Rights Act (Mo. Rev. Stat. 213.010 et seq.)
5. [Other 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 Missouri Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Missouri State Bar No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Missouri Considerations

• Missouri recognizes a broad public policy exception to at-will employment
• MHRA requires 180-day filing with MCHR (strict deadline)
• Service Letter Statute (Mo. Rev. Stat. 290.140) provides additional claims
• Workers' compensation retaliation is a strong statutory claim
• Missouri is a deferral state for EEOC purposes (300-day deadline when filed with MCHR)
• MHRA was significantly amended in 2017 - check current version
• Implied contract claims require specific handbook language without adequate disclaimer

Venue Options

• Missouri Circuit Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: MCHR for discrimination claims

Statute of Limitations

Key Missouri Cases

• Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859 (Mo. Ct. App. 1985) (public policy exception)
• Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81 (Mo. 2010) (public policy scope)
• Johnson v. McDonnell Douglas Corp., 745 S.W.2d 661 (Mo. 1988) (at-will doctrine)
• Hansome v. Nw. Cooperage Co., 679 S.W.2d 273 (Mo. 1984) (WC retaliation)
• Arie v. Intertherm, Inc., 648 S.W.2d 142 (Mo. Ct. App. 1983) (implied contract)