WRONGFUL TERMINATION DEMAND LETTER

STATE OF NEBRASKA

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Nebraska ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Nebraska 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 NEB. REV. STAT. SECTION 27-408

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 Nebraska law and public policy, exposing the Company to substantial liability for compensatory damages, punitive damages, and attorney's fees.

I. NEBRASKA-SPECIFIC LEGAL FRAMEWORK

A. At-Will Employment and Exceptions

Nebraska follows the employment-at-will doctrine, which permits either party to terminate the employment relationship at any time, with or without cause. Malone v. American Business Information, Inc., 262 Neb. 733, 634 N.W.2d 788 (2001).

However, Nebraska courts recognize significant exceptions to this doctrine:

1. Public Policy Exception

Nebraska recognizes the public policy exception to at-will employment. An employer may not discharge an employee for reasons that violate clearly established public policy. Ambroz v. Cornhusker Square Ltd., 226 Neb. 899, 416 N.W.2d 510 (1987).

2. Implied Contract Exception

An implied contract modifying at-will status may arise from employee handbooks, policy manuals, or oral representations. Morris v. Lutheran Medical Center, 215 Neb. 677, 340 N.W.2d 388 (1983); Johnston v. Panhandle Co-op. Ass'n, 225 Neb. 732, 408 N.W.2d 261 (1987).

3. Covenant of Good Faith and Fair Dealing

Nebraska does not recognize an implied covenant of good faith and fair dealing in employment contracts that would override the at-will presumption. Malone v. American Business Information, Inc., 262 Neb. 733 (2001).

B. Statute of Limitations

C. Nebraska Fair Employment Practice Act

The Nebraska Fair Employment Practice Act (NFEPA), Neb. Rev. Stat. Sections 48-1101 to 48-1126, prohibits employment discrimination based on:
- Race
- Color
- Religion
- Sex (including pregnancy)
- National origin
- Disability
- Marital status
- Age (40 and over)

The Act applies to employers with 15 or more employees. Neb. Rev. Stat. Section 48-1102(2).

D. Administrative Exhaustion Requirements

For claims under the NFEPA, a complaint must be filed with the Nebraska Equal Opportunity Commission (NEOC) within 300 days of the alleged discriminatory act. Neb. Rev. Stat. Section 48-1118.

The complainant must obtain a right-to-sue letter before filing a civil action.

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 who consistently met or exceeded expectations:

• [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, performance improvement plan, or written warning suggesting [his/her/their] employment was in jeopardy.

B. The Protected Activity / Triggering Event

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

• [ ] Reported illegal activity, fraud, or regulatory violations to [management/regulatory agency/law enforcement]
• [ ] Refused to participate in illegal or unethical conduct
• [ ] Filed a workers' compensation claim under Nebraska Workers' Compensation Act
• [ ] Exercised rights under the Nebraska Wage Payment and Collection Act
• [ ] Exercised statutory rights (FMLA, jury duty, military leave under Nebraska Military Department statutes)
• [ ] Complained about discrimination or harassment under the NFEPA
• [ ] Participated in an internal or external investigation
• [ ] Filed or supported a wage claim under Nebraska law
• [ ] Other protected activity: [Describe]

Specifically, our client [provide detailed narrative of the protected activity, including dates, witnesses, and documentation].

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], [Supervisor/HR Representative Name] informed our client that [his/her/their] employment was being terminated, purportedly for [state employer's reason, if any]. 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]
5. [Describe any deviation from standard company policies or procedures]

III. LEGAL ANALYSIS

A. Public Policy Exception to At-Will Employment

Under Nebraska law, an employer may not terminate an employee when the termination violates a clear mandate of public policy. Ambroz v. Cornhusker Square Ltd., 226 Neb. 899, 416 N.W.2d 510 (1987); Schriner v. Meginnis Ford Co., 228 Neb. 85, 421 N.W.2d 755 (1988).

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

• [ ] Refusing to commit perjury or other illegal acts - Ambroz, 226 Neb. at 908
• [ ] Filing a workers' compensation claim - Malone v. American Business Information, 262 Neb. 733 (2001) (recognizing but declining to apply)
• [ ] Performing a public obligation such as jury duty - Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003)
• [ ] Exercising a statutory right established for the benefit of the public
• [ ] Reporting criminal activity to proper authorities

Here, our client was terminated in direct retaliation for [describe protected activity], which Nebraska law and public policy clearly protect. The termination thus constitutes actionable wrongful discharge.

B. Implied Contract Theory

[If applicable:] [Company Short Name]'s own policies and representations created an implied contract limiting its right to terminate employees without cause.

Under Morris v. Lutheran Medical Center, 215 Neb. 677, 340 N.W.2d 388 (1983), and Johnston v. Panhandle Co-op. Ass'n, 225 Neb. 732, 408 N.W.2d 261 (1987), an employee handbook or policy manual may create an implied contract if:

1. The handbook contains specific language regarding termination procedures
2. The employee was aware of the handbook provisions
3. The employee reasonably relied on those provisions

The following evidence establishes an implied contract:

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

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

C. Nebraska Fair Employment Practice Act Violations

[If applicable:] Our client's termination also violates the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. Sections 48-1101 to 48-1126.

The NFEPA prohibits employers from discharging an employee because of [race/color/religion/sex/national origin/disability/marital status/age]. Neb. Rev. Stat. Section 48-1104.

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 Nebraska Equal Opportunity Commission.

D. Nebraska Whistleblower Protections

[If applicable:] Nebraska provides various statutory protections for employees who report wrongdoing:

Public Employees: The Nebraska State Government Effectiveness Act provides whistleblower protections for state employees. Neb. Rev. Stat. Sections 81-2701 to 81-2711.

General Whistleblower Protection: Nebraska common law protects employees who report criminal activity to authorities as part of the public policy exception.

Our client reported [describe the violation reported] to [describe to whom it was reported] on [date]. The Company's subsequent termination constitutes unlawful retaliation.

E. Workers' Compensation Retaliation

[If applicable:] Nebraska recognizes a cause of action for retaliatory discharge when an employee is terminated for filing a workers' compensation claim. Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003).

Our client filed a workers' compensation claim on [date] and was terminated shortly thereafter on [termination date]. This temporal proximity, combined with [other evidence of retaliatory motive], establishes a prima facie case of retaliatory discharge.

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 as a result of [Company Short Name]'s wrongful conduct, including:

• [Describe emotional distress symptoms: anxiety, depression, humiliation, loss of sleep]
• [Describe impact on physical health, if any]
• [Describe impact on personal relationships]
• [Describe medical/psychological treatment sought]

Estimated non-economic damages: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct was willful, malicious, and undertaken with reckless disregard for our client's rights. Under Nebraska law, punitive damages may be awarded where the defendant's conduct was "extraordinary or flagrant" with a "malicious, willful, or reckless disregard" of the plaintiff's rights. Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975).

Estimated punitive damages: $[Amount]

D. NFEPA Damage Caps (If Applicable)

If the discrimination claim proceeds under the NFEPA, compensatory damages are capped based on employer size:

See Neb. Rev. Stat. Section 48-1119(3).

E. Attorney's Fees and Costs

Under the NFEPA, a prevailing plaintiff may recover reasonable attorney's fees. Neb. Rev. Stat. Section 48-1119(4).

Estimated attorney's fees through trial: $[Amount]

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 arising from [his/her/their] wrongful termination.

In addition to monetary compensation, we require:

• [ ] A neutral employment reference stating only dates of employment and final position
• [ ] Expungement of any negative information from our client's personnel file
• [ ] Agreement not to contest unemployment benefits
• [ ] Non-disparagement provisions (mutual)
• [ ] Confidentiality provisions (subject to negotiation)
• [ ] [Other non-monetary terms]

VI. RESPONSE DEADLINE

Please respond to this demand in writing within twenty-one (21) calendar days of your receipt of this letter, no later than [Response Deadline Date].

If we do not receive a satisfactory response by that date, we are authorized and prepared to file suit in the appropriate Nebraska District Court without further notice. Such litigation would include claims for:

1. Wrongful Termination in Violation of Public Policy
2. Breach of Implied Contract
3. Violation of Nebraska Fair Employment Practice Act (Neb. Rev. Stat. Section 48-1104)
4. Retaliatory Discharge
5. [Additional causes of action as applicable]

VII. PRESERVATION OF EVIDENCE

This letter also serves as formal notice of our client's claims and a demand that [Company Short Name] immediately implement a litigation hold to preserve all documents, electronically stored information, and tangible evidence potentially relevant to our client's employment and termination.

VIII. CONFIDENTIALITY

This letter constitutes a confidential settlement communication made in anticipation of litigation and is protected under Nebraska Rule of Evidence 27-408 and applicable evidence rules.

We trust that [Company Short Name] will give this matter the serious attention it deserves.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

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

cc: [Client Name] (via email)
File

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

Key Nebraska Cases

• Ambroz v. Cornhusker Square Ltd., 226 Neb. 899, 416 N.W.2d 510 (1987) - Public policy exception
• Morris v. Lutheran Medical Center, 215 Neb. 677, 340 N.W.2d 388 (1983) - Implied contract from handbook
• Malone v. American Business Information, 262 Neb. 733, 634 N.W.2d 788 (2001) - At-will doctrine; no good faith covenant
• Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003) - Workers' comp retaliation

Filing Checklist

• [ ] Verify statute of limitations (4 years tort, 5 years written contract)
• [ ] For discrimination claims, file NEOC charge within 300 days
• [ ] Research employer size for NFEPA damage caps
• [ ] Consider dual-filing with EEOC if federal claims available
• [ ] Nebraska does not recognize implied covenant of good faith - do not plead this claim