WRONGFUL TERMINATION DEMAND LETTER

STATE OF NEW HAMPSHIRE

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, New Hampshire ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Hampshire 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.H. 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 New Hampshire law and public policy, exposing the Company to substantial liability.

I. NEW HAMPSHIRE-SPECIFIC LEGAL FRAMEWORK

A. At-Will Employment and Exceptions

New Hampshire follows the employment-at-will doctrine, allowing either party to terminate the employment relationship at any time, for any reason or no reason, absent an agreement to the contrary. Panto v. Moore Business Forms, Inc., 130 N.H. 730, 547 A.2d 260 (1988).

However, New Hampshire courts recognize significant exceptions:

1. Public Policy Exception

New Hampshire recognizes a cause of action for wrongful discharge when termination violates public policy. Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915, 436 A.2d 1140 (1981). This was a landmark decision establishing the public policy exception in New Hampshire.

2. Implied Contract Exception

An implied contract may modify the at-will relationship based on employee handbooks, policy statements, or oral representations. Panto v. Moore Business Forms, 130 N.H. 730 (1988).

3. Promissory Estoppel

Where an employee reasonably relies on specific promises of job security to their detriment, promissory estoppel may apply. Panto, 130 N.H. at 735.

B. Statute of Limitations

C. New Hampshire Law Against Discrimination (NHLAD)

The New Hampshire Law Against Discrimination, N.H. Rev. Stat. Ann. Sections 354-A:1 to 354-A:14, prohibits employment discrimination based on:
- Age
- Sex (including sexual orientation and gender identity)
- Race
- Color
- Marital status
- Physical or mental disability
- Religious creed
- National origin
- Genetic information

The Act applies to employers with 6 or more employees. N.H. Rev. Stat. Ann. Section 354-A:2(VII).

D. Administrative Exhaustion Requirements

For claims under the NHLAD, a complaint must be filed with the New Hampshire Commission for Human Rights (NHCHR) within 180 days of the alleged discriminatory act. N.H. Rev. Stat. Ann. Section 354-A:21.

After the NHCHR investigation, a complainant may request a right-to-sue letter and file suit within 3 years. N.H. Rev. Stat. Ann. Section 354-A:21-a.

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 to [management/regulatory agency/law enforcement]
• [ ] Refused to participate in illegal or unethical conduct
• [ ] Filed a workers' compensation claim under N.H. Rev. Stat. Ann. Chapter 281-A
• [ ] Exercised rights under New Hampshire wage laws (N.H. Rev. Stat. Ann. Chapter 275)
• [ ] Exercised statutory rights (FMLA, jury duty, military leave, voting leave)
• [ ] Complained about discrimination or harassment under the NHLAD
• [ ] Participated in an internal or external investigation
• [ ] Reported safety violations under New Hampshire OSHA
• [ ] Exercised whistleblower rights under N.H. Rev. Stat. Ann. Section 275-E
• [ ] 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, 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]

III. LEGAL ANALYSIS

A. Wrongful Discharge in Violation of Public Policy

Under the landmark decision in Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915, 436 A.2d 1140 (1981), New Hampshire recognizes that an employer may not terminate an employee for reasons that violate public policy.

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

• [ ] Refusing to commit perjury - Cloutier, 121 N.H. at 922
• [ ] Performing a public obligation such as jury duty
• [ ] Filing a workers' compensation claim - Monge v. Beebe Rubber Co., 114 N.H. 130, 316 A.2d 549 (1974)
• [ ] Exercising a statutory right
• [ ] Reporting illegal activity to appropriate authorities

See also Short v. School Administrative Unit No. 16, 136 N.H. 76, 612 A.2d 364 (1992) (discussing scope of public policy exception).

The public policy must be found in existing law, whether constitutional, statutory, or judicial. Porter v. City of Manchester, 151 N.H. 30, 849 A.2d 103 (2004).

Here, our client was terminated in retaliation for [describe protected activity], which New Hampshire law and public policy clearly protect.

B. Implied Contract Theory

[If applicable:] Under Panto v. Moore Business Forms, 130 N.H. 730, 547 A.2d 260 (1988), an implied contract may arise from:

• Employee handbooks containing specific termination procedures
• Personnel policies promising progressive discipline
• Oral assurances of continued employment

The following evidence establishes an implied contract:

• Employee Handbook provisions: [Quote relevant handbook 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. New Hampshire Law Against Discrimination Violations

[If applicable:] Our client's termination violates the New Hampshire Law Against Discrimination, N.H. Rev. Stat. Ann. Sections 354-A:1 to 354-A:14.

The NHLAD prohibits employers from discharging an employee because of age, sex, sexual orientation, gender identity, race, color, marital status, physical or mental disability, religious creed, national origin, or genetic information. N.H. Rev. Stat. Ann. Section 354-A:7.

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 New Hampshire Commission for Human Rights.

D. New Hampshire Whistleblower Protection Act

[If applicable:] The New Hampshire Whistleblower Protection Act, N.H. Rev. Stat. Ann. Section 275-E, provides comprehensive protection for employees who:

• Report or refuse to participate in activities they reasonably believe violate law or regulation
• Participate in investigations, hearings, or inquiries
• Object to or refuse to participate in activities they reasonably believe are illegal

Under Section 275-E:2, employers are prohibited from taking "any action that would adversely affect an employee's employment" in retaliation for protected activity.

Our client reported [describe the violation] and was terminated in retaliation, violating Section 275-E:2.

Remedies under the Whistleblower Act include:
- Injunctive relief
- Reinstatement with back pay
- Compensatory damages
- Reasonable attorney's fees and costs
- N.H. Rev. Stat. Ann. Section 275-E:4

E. Workers' Compensation Retaliation

[If applicable:] New Hampshire recognizes a cause of action for retaliatory discharge when an employee is terminated for filing a workers' compensation claim. Monge v. Beebe Rubber Co., 114 N.H. 130, 316 A.2d 549 (1974).

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 New Hampshire law, punitive damages may be awarded upon proof of malice, ill will, or wanton disregard. Vratsenes v. N.H. Auto, Inc., 112 N.H. 71, 289 A.2d 66 (1972).

[Company Short Name]'s conduct demonstrates malice warranting punitive damages.

D. Attorney's Fees and Costs

Under the NHLAD and Whistleblower Protection Act, prevailing plaintiffs may recover reasonable attorney's fees and costs.

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 New Hampshire Superior Court, including claims for:

1. Wrongful Discharge in Violation of Public Policy
2. Breach of Implied Contract
3. Violation of New Hampshire Law Against Discrimination
4. Violation of New Hampshire Whistleblower Protection 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 New Hampshire Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

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

cc: [Client Name] (via email)
File

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

Key New Hampshire Cases

• Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915, 436 A.2d 1140 (1981) - Landmark public policy exception
• Monge v. Beebe Rubber Co., 114 N.H. 130, 316 A.2d 549 (1974) - Early recognition of exception
• Panto v. Moore Business Forms, 130 N.H. 730, 547 A.2d 260 (1988) - Implied contract
• Short v. School Administrative Unit No. 16, 136 N.H. 76, 612 A.2d 364 (1992) - Public policy scope
• Porter v. City of Manchester, 151 N.H. 30, 849 A.2d 103 (2004) - Public policy must be in existing law

New Hampshire-Specific Considerations

• [ ] Strong whistleblower statute: N.H. Rev. Stat. Ann. Section 275-E provides comprehensive protections
• [ ] NHLAD covers small employers: Applies to employers with only 6+ employees
• [ ] No damage caps: New Hampshire does not cap compensatory damages under NHLAD
• [ ] 180-day filing deadline: Short window to file with NHCHR for discrimination claims
• [ ] 3-year SOL for tort claims: Standard limitations period applies