WRONGFUL TERMINATION DEMAND LETTER

STATE OF NORTH CAROLINA

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, North Carolina ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[North Carolina State Bar Number]

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 PURSUANT TO N.C. R. EVID. 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client" or "[Mr./Ms./Mx. Client Last Name]") regarding [his/her/their] wrongful termination from employment with [Company Legal Name] ("[Company Short Name]" or "the Company") on or about [Termination Date]. Please direct all further communications regarding this matter to our office and refrain from any direct contact with our client.

We write to demand immediate action to remedy the unlawful termination of our client and to resolve this matter short of litigation. As detailed below, [Company Short Name] terminated our client in violation of North Carolina law and public policy, exposing the Company to substantial liability.

I. NORTH CAROLINA-SPECIFIC LEGAL FRAMEWORK

A. At-Will Employment and Exceptions

North Carolina adheres strictly to the employment-at-will doctrine. Kurtzman v. Applied Analytical Industries, Inc., 347 N.C. 329, 493 S.E.2d 420 (1997). However, North Carolina recognizes important exceptions:

1. Public Policy Exception (Narrow)

North Carolina recognizes a narrow public policy exception under Coman v. Thomas Manufacturing Co., 325 N.C. 172, 381 S.E.2d 445 (1989). The exception is limited and generally requires violation of express statutory policy.

2. Statutory Protections - REDA

The Retaliatory Employment Discrimination Act (REDA), N.C. Gen. Stat. Sections 95-240 to 95-245, provides comprehensive whistleblower and retaliation protection.

3. Implied Contract Exception (Very Limited)

North Carolina courts rarely find implied contracts modify at-will status. Rucker v. First Union Nat'l Bank, 98 N.C. App. 100, 389 S.E.2d 622 (1990).

B. Statute of Limitations

C. North Carolina Retaliatory Employment Discrimination Act (REDA)

REDA, N.C. Gen. Stat. Sections 95-240 to 95-245, prohibits retaliation against employees who:

1. File a workers' compensation claim - N.C. Gen. Stat. Section 95-241(a)(1)(a)
2. Initiate an OSHA complaint - N.C. Gen. Stat. Section 95-241(a)(1)(b)
3. File a wage and hour complaint - N.C. Gen. Stat. Section 95-241(a)(1)(c)
4. File a mine safety complaint - N.C. Gen. Stat. Section 95-241(a)(1)(d)
5. Exercise rights under the Controlled Substance Examination Regulation Act - N.C. Gen. Stat. Section 95-241(a)(1)(e)
6. Exercise rights under the National Guard Mutual Assistance Counterdrug Activities Compact - N.C. Gen. Stat. Section 95-241(a)(1)(f)
7. Participate in an investigation or proceeding related to any of the above

REDA applies to all employers regardless of size.

D. Administrative Exhaustion Requirements

REDA Claims:
1. Must file a written complaint with the NC Department of Labor within 180 days of the discriminatory act
2. DOL investigates and issues a right-to-sue letter
3. Must file suit within 90 days of receiving the right-to-sue letter

Discrimination Claims:
North Carolina does not have a comprehensive state anti-discrimination statute with private enforcement. Plaintiffs typically must file EEOC charges within 180 days and rely on federal Title VII claims.

E. North Carolina Equal Employment Practices Act

N.C. Gen. Stat. Section 143-422.2 declares a public policy against employment discrimination based on race, religion, color, national origin, age, sex, or handicap. However, this statute does not create a private right of action. Smith v. First Union Nat'l Bank, 202 F.3d 234 (4th Cir. 2000).

II. FACTUAL BACKGROUND

A. Employment History and Performance

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [Termination Date], a period of approximately [X years/months]. [He/She/They] most recently held the position of [Job Title] in the [Department], reporting to [Supervisor Name and Title].

Throughout [his/her/their] tenure, our client was a dedicated, high-performing employee:

• [Describe positive performance reviews, ratings, or commendations]
• [Describe any promotions, raises, or increased responsibilities]
• [Describe any awards, recognition, or special achievements]
• [Describe positive feedback from supervisors, clients, or colleagues]

At no time prior to [Date of First Adverse Action or Termination Date] did our client receive any disciplinary action or warning.

B. The Protected Activity / Triggering Event

On or about [Date], our client [describe the protected activity or triggering event]:

• [ ] Filed a workers' compensation claim (REDA protected)
• [ ] Made an OSHA complaint or participated in OSHA investigation (REDA protected)
• [ ] Filed a wage and hour complaint with NC DOL (REDA protected)
• [ ] Reported workplace safety violations (REDA protected)
• [ ] Refused to violate law or public policy
• [ ] Performed a public obligation (jury duty, witness testimony)
• [ ] Exercised statutory rights (FMLA, military leave)
• [ ] Complained about illegal activity to management
• [ ] Other protected activity: [Describe]

Specifically, our client [provide detailed narrative of the protected activity].

C. Adverse Employment Actions and Termination

Following our client's protected activity, [Company Short Name] engaged in a pattern of retaliatory conduct:

Timeline of Adverse Actions:

On [Termination Date], our client was terminated purportedly for [state employer's reason]. This pretext is belied by:

1. [Explain why the stated reason is false or pretextual]
2. [Describe temporal proximity between protected activity and termination]
3. [Describe disparate treatment compared to similarly situated employees]
4. [Describe any statements or evidence of retaliatory motive]

III. LEGAL ANALYSIS

A. Violation of REDA - Retaliatory Discharge

Our client's termination violates the North Carolina Retaliatory Employment Discrimination Act, N.C. Gen. Stat. Sections 95-240 to 95-245.

Under REDA, it is unlawful for an employer to "discriminate or take any retaliatory action against an employee" because the employee engaged in protected activity. N.C. Gen. Stat. Section 95-241(a).

"Retaliatory action" includes discharge and other adverse employment actions. N.C. Gen. Stat. Section 95-240(2).

Our client [filed a workers' compensation claim / made an OSHA complaint / filed a wage and hour complaint / other REDA-protected activity] on [date]. [Company Short Name] terminated our client on [termination date], just [X days/weeks/months] after the protected activity.

This temporal proximity, combined with [other evidence of retaliatory motive], establishes a prima facie case of REDA violation.

A written complaint [has been filed / will be filed] with the North Carolina Department of Labor.

B. Wrongful Discharge in Violation of Public Policy

Under Coman v. Thomas Manufacturing Co., 325 N.C. 172, 381 S.E.2d 445 (1989), North Carolina recognizes a public policy exception permitting wrongful discharge claims where an employee is terminated for:

1. Refusing to violate the law at the employer's direction
2. Engaging in conduct protected by statute even where the statute provides no private right of action

See also Amos v. Oakdale Knitting Co., 331 N.C. 348, 416 S.E.2d 166 (1992) (workers' compensation retaliation supports public policy claim); Kurtzman v. Applied Analytical Industries, 347 N.C. 329, 493 S.E.2d 420 (1997) (discussing scope of public policy exception).

Here, our client was terminated in retaliation for [describe protected activity], which violates the public policy established by [identify source of public policy: statute, constitutional provision, etc.].

C. Workers' Compensation Retaliation

[If applicable:] North Carolina strongly protects employees who file workers' compensation claims.

Under Amos v. Oakdale Knitting Co., 331 N.C. 348, 416 S.E.2d 166 (1992), termination for filing a workers' compensation claim violates public policy and supports a common law wrongful discharge claim.

Additionally, REDA expressly prohibits retaliation for filing workers' compensation claims. N.C. Gen. Stat. Section 95-241(a)(1)(a).

Our client filed a workers' compensation claim on [date] and was terminated on [termination date]. This constitutes both a REDA violation and common law wrongful discharge.

D. Federal Claims

[If applicable:] Because North Carolina lacks a comprehensive state employment discrimination statute, our client may also have claims under federal law, including:

• Title VII of the Civil Rights Act of 1964 (if discrimination based on race, color, religion, sex, or national origin)
• Age Discrimination in Employment Act (if discrimination based on age 40+)
• Americans with Disabilities Act (if discrimination based on disability)

An EEOC charge [has been filed / will be filed] within the required timeframe.

IV. DAMAGES

A. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay / Future Lost Earnings

B. Non-Economic Damages

Our client has suffered severe emotional distress including:

• [Describe emotional distress symptoms]
• [Describe impact on physical health]
• [Describe impact on personal relationships]

Estimated non-economic damages: $[Amount]

C. Punitive Damages

Under North Carolina law, punitive damages may be awarded where the defendant's conduct was "willful or wanton." N.C. Gen. Stat. Section 1D-15.

Punitive damages in North Carolina are capped at the greater of:
- Three times compensatory damages, or
- $250,000

N.C. Gen. Stat. Section 1D-25.

[Company Short Name]'s conduct was willful and wanton, warranting punitive damages.

D. REDA Remedies

Under REDA, a prevailing plaintiff may obtain:
- Injunctive relief
- Reinstatement
- Back pay (limited to one year)
- Restoration of benefits
- Reasonable costs and attorney's fees

N.C. Gen. Stat. Section 95-243(c).

E. Attorney's Fees and Costs

Under REDA, prevailing plaintiffs may recover reasonable attorney's fees. N.C. Gen. Stat. Section 95-243(c).

F. Summary of Damages

V. SETTLEMENT DEMAND

Based on the foregoing, we hereby demand that [Company Short Name] pay our client the sum of $[Settlement Demand Amount] in full and final settlement of all claims.

In addition to monetary compensation, we require:

• [ ] A neutral employment reference
• [ ] Expungement of negative information from personnel file
• [ ] Agreement not to contest unemployment benefits
• [ ] Non-disparagement provisions (mutual)
• [ ] Confidentiality provisions

VI. RESPONSE DEADLINE

Please respond in writing within twenty-one (21) calendar days, no later than [Response Deadline Date].

If we do not receive a satisfactory response, we are prepared to file suit in the appropriate North Carolina Superior Court, including claims for:

1. Violation of REDA (N.C. Gen. Stat. Sections 95-240 to 95-245)
2. Wrongful Discharge in Violation of Public Policy
3. [If applicable:] Federal Discrimination Claims
4. [Additional causes of action as applicable]

VII. PRESERVATION OF EVIDENCE

This letter serves as formal notice to preserve all relevant documents and electronically stored information.

VIII. CONFIDENTIALITY

This letter constitutes a confidential settlement communication protected under North Carolina Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

Enclosures:
- [ ] Authorization to Represent
- [ ] [Relevant documents]

cc: [Client Name] (via email)
File

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

Key North Carolina Cases

• Coman v. Thomas Manufacturing Co., 325 N.C. 172, 381 S.E.2d 445 (1989) - Public policy exception
• Kurtzman v. Applied Analytical Industries, 347 N.C. 329, 493 S.E.2d 420 (1997) - Scope of at-will doctrine
• Amos v. Oakdale Knitting Co., 331 N.C. 348, 416 S.E.2d 166 (1992) - Workers' comp retaliation
• Rucker v. First Union Nat'l Bank, 98 N.C. App. 100, 389 S.E.2d 622 (1990) - Implied contract limitations

North Carolina-Specific Considerations

• [ ] Narrow public policy exception: NC is more restrictive than many states
• [ ] No comprehensive state discrimination law: Must rely on federal claims for discrimination
• [ ] REDA is critical: For workers' comp, OSHA, and wage claims, REDA is the primary vehicle
• [ ] 180-day REDA deadline: Very short - calendar carefully
• [ ] Punitive damage caps: 3x compensatory or $250,000 maximum
• [ ] REDA back pay limited: Only one year of back pay available under REDA
• [ ] Must exhaust REDA administratively: File with NC DOL first, then sue within 90 days