WRONGFUL TERMINATION DEMAND LETTER

STATE OF NORTH DAKOTA

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, North Dakota ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[North Dakota State Bar ID 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.D. R. EV. 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 Dakota law and public policy, exposing the Company to substantial liability.

I. NORTH DAKOTA-SPECIFIC LEGAL FRAMEWORK

A. At-Will Employment and Exceptions

North Dakota follows the employment-at-will doctrine. N.D. Cent. Code Section 34-03-01 provides that employment without a specified term may be terminated at the will of either party. However, North Dakota recognizes significant exceptions:

1. Public Policy Exception

North Dakota recognizes the public policy exception to at-will employment. Krein v. Marian Manor Nursing Home, 415 N.W.2d 793 (N.D. 1987). An employer may not terminate an employee for reasons that violate clear public policy.

2. Implied Contract Exception

An implied contract may modify the at-will relationship. Bailey v. Perkins Restaurants, Inc., 398 N.W.2d 120 (N.D. 1986).

3. Statutory Protections

North Dakota provides various statutory protections including the Human Rights Act and lawful activity protections.

B. Statute of Limitations

C. North Dakota Human Rights Act (NDHRA)

The NDHRA, N.D. Cent. Code Sections 14-02.4-01 to 14-02.4-21, prohibits employment discrimination based on:

• Race
• Color
• Religion
• Sex
• National origin
• Age (40+)
• Physical or mental disability
• Status with respect to marriage or public assistance
• Participation in lawful activity off the employer's premises during non-working hours

The NDHRA applies to employers with one or more employees. N.D. Cent. Code Section 14-02.4-02(8).

D. Lawful Activity Protection

N.D. Cent. Code Section 34-01-20 provides unique protection for employees:

"It is unlawful for an employer to fail or refuse to hire a person; to discharge an employee; or to accord adverse or unequal treatment to a person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or a term, privilege, or condition of employment because of the person's or employee's participation in lawful activity off the employer's premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer."

E. Administrative Exhaustion Requirements

For claims under the NDHRA, a complaint must be filed with the North Dakota Department of Labor and Human Rights within 300 days of the alleged discriminatory act. N.D. Cent. Code Section 14-02.4-19.

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]:

• [ ] Reported illegal activity, fraud, or regulatory violations
• [ ] Refused to participate in illegal or unethical conduct
• [ ] Filed a workers' compensation claim
• [ ] Exercised rights under North Dakota wage and hour laws
• [ ] Participated in lawful off-duty activity protected under N.D. Cent. Code Section 34-01-20
• [ ] Complained about discrimination or harassment under NDHRA
• [ ] Exercised statutory rights (FMLA, jury duty, military leave, voting leave)
• [ ] Reported workplace safety violations
• [ ] 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. Wrongful Discharge in Violation of Public Policy

Under Krein v. Marian Manor Nursing Home, 415 N.W.2d 793 (N.D. 1987), North Dakota recognizes the public policy exception to at-will employment.

North Dakota courts have recognized public policy claims where an employee is terminated for:

• Refusing to violate the law - Krein, 415 N.W.2d at 797
• Exercising a statutory right or privilege
• Performing a public obligation (jury duty, witness testimony)
• Reporting illegal conduct to authorities

See also Thompson v. Lithia Chrysler Jeep Dodge of Great Falls, LLC, 2008 ND 65, 747 N.W.2d 101.

Here, our client was terminated in retaliation for [describe protected activity], which violates the public policy established by [identify source: statute, constitution, judicial decision].

B. Implied Contract Theory

[If applicable:] Under Bailey v. Perkins Restaurants, Inc., 398 N.W.2d 120 (N.D. 1986), an implied contract may arise from:

• Employee handbooks containing specific termination procedures
• Personnel policies promising job security
• Oral assurances by management

The following evidence establishes an implied contract:

• Employee Handbook provisions: [Quote relevant language]
• Oral assurances: [Describe any statements by management]
• Course of dealing: [Describe Company's historical practices]

[Company Short Name] breached this implied contract by terminating our client without following stated procedures.

C. Violation of N.D. Cent. Code Section 34-01-20 (Lawful Activity Protection)

[If applicable:] Our client's termination violates North Dakota's lawful activity protection statute, N.D. Cent. Code Section 34-01-20.

Our client was terminated because of [his/her/their] participation in [describe lawful off-duty activity], which occurred off the employer's premises during non-working hours and does not conflict with [Company Short Name]'s essential business interests.

This statute provides broad protection for employee privacy and off-duty conduct, reflecting North Dakota's strong public policy supporting individual liberty.

D. North Dakota Human Rights Act Violations

[If applicable:] Our client's termination also violates the North Dakota Human Rights Act, N.D. Cent. Code Sections 14-02.4-01 to 14-02.4-21.

The NDHRA prohibits discrimination based on race, color, religion, sex, national origin, age, disability, status with respect to marriage or public assistance, and participation in lawful activity off-premises. N.D. Cent. Code Section 14-02.4-03.

The NDHRA also prohibits retaliation against any person who files a complaint, testifies, or participates in an investigation. N.D. Cent. Code Section 14-02.4-17.

Our client was subjected to unlawful [discrimination/retaliation] based on [his/her/their] [protected characteristic or protected activity].

A charge of discrimination [has been filed / will be filed] with the North Dakota Department of Labor and Human Rights.

E. Workers' Compensation Retaliation

[If applicable:] North Dakota prohibits retaliation against employees who file workers' compensation claims.

Under North Dakota common law public policy and N.D. Cent. Code Chapter 65, employees have a protected right to seek workers' compensation benefits.

Our client filed a workers' compensation claim on [date] and was terminated on [termination date], constituting unlawful retaliation.

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 Dakota law, punitive damages may be awarded for "oppression, fraud, or actual malice." N.D. Cent. Code Section 32-03.2-11.

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

D. Attorney's Fees and Costs

Under the NDHRA, the court may award reasonable attorney's fees. N.D. Cent. Code Section 14-02.4-20.

E. 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 Dakota District Court, including claims for:

1. Wrongful Discharge in Violation of Public Policy
2. Breach of Implied Contract
3. Violation of N.D. Cent. Code Section 34-01-20 (Lawful Activity Protection)
4. Violation of North Dakota Human Rights Act
5. [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 Dakota Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

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

cc: [Client Name] (via email)
File

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

Key North Dakota Cases

• Krein v. Marian Manor Nursing Home, 415 N.W.2d 793 (N.D. 1987) - Public policy exception
• Bailey v. Perkins Restaurants, Inc., 398 N.W.2d 120 (N.D. 1986) - Implied contract
• Thompson v. Lithia Chrysler Jeep Dodge, 2008 ND 65, 747 N.W.2d 101 - At-will exceptions

North Dakota-Specific Considerations

• [ ] NDHRA covers all employers: Applies to employers with only 1+ employees
• [ ] 6-year statute of limitations: Longer than most states for tort claims
• [ ] Lawful activity protection: Unique statutory protection for off-duty conduct
• [ ] 300-day filing deadline: Must file discrimination claims with DOL within 300 days
• [ ] Public policy exception recognized: North Dakota does recognize public policy claims
• [ ] Small state considerations: Limited case law - federal court decisions may be persuasive