WRONGFUL TERMINATION DEMAND LETTER

STATE OF NEW YORK

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, New York ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New York Attorney Registration 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 CPLR 4547

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 York law, exposing the Company to substantial liability.

I. NEW YORK-SPECIFIC LEGAL FRAMEWORK

A. At-Will Employment and Exceptions

New York follows the employment-at-will doctrine, which allows either party to terminate the employment relationship at any time, for any reason or no reason. Murphy v. American Home Products Corp., 58 N.Y.2d 293, 461 N.Y.S.2d 232 (1983).

Important: New York does NOT recognize a common law public policy exception to at-will employment. Murphy, 58 N.Y.2d at 297. However, robust statutory protections exist:

1. New York State Human Rights Law (NYSHRL)
2. New York City Human Rights Law (NYCHRL) - if employment is in NYC
3. New York Labor Law Section 740 - Whistleblower protection
4. New York Labor Law Section 215 - Wage complaint retaliation
5. Various statutory retaliation prohibitions

B. Statute of Limitations

C. New York State Human Rights Law (NYSHRL)

The NYSHRL, N.Y. Exec. Law Sections 290-301, prohibits employment discrimination based on:

• Age (18+)
• Race
• Creed/Religion
• Color
• National origin
• Sexual orientation
• Gender identity or expression
• Military status
• Sex (including pregnancy, childbirth, and related conditions)
• Disability
• Predisposing genetic characteristics
• Familial status
• Marital status
• Domestic violence victim status
• Prior arrest/conviction record (with limitations)

Key 2019 Amendments: Effective August 12, 2019 and February 8, 2020, the NYSHRL was significantly strengthened to provide broader protections, particularly for harassment claims.

The NYSHRL applies to all employers regardless of size. N.Y. Exec. Law Section 292(5).

D. New York City Human Rights Law (NYCHRL)

[If applicable:] The NYCHRL, N.Y.C. Admin. Code Sections 8-101 to 8-131, is one of the most protective anti-discrimination laws in the nation.

The NYCHRL must be construed "independently from and more liberally than" federal and state counterparts. Williams v. N.Y.C. Hous. Auth., 61 A.D.3d 62, 872 N.Y.S.2d 27 (1st Dep't 2009).

The NYCHRL applies to employers with 4 or more employees (or any number for harassment claims).

E. Administrative Exhaustion

NYSHRL: Complainants may elect to:
- File with the New York Division of Human Rights (DHR) within 1 year, OR
- Proceed directly to court within 3 years without filing with DHR

NYCHRL: No administrative exhaustion required. May file directly in court.

Note: Once an administrative complaint is filed, election of remedies doctrine may apply.

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].

Work location: [Address, City, New York] [Note if in NYC for NYCHRL applicability]

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 or policies/practices violating law (Labor Law Section 740)
• [ ] Refused to participate in illegal activity (Labor Law Section 740)
• [ ] Complained about discrimination or harassment (NYSHRL/NYCHRL)
• [ ] Filed a workers' compensation claim
• [ ] Complained about wage violations (Labor Law Section 215)
• [ ] Exercised rights under the New York Paid Family Leave Law
• [ ] Exercised rights under FMLA or NY Family Leave
• [ ] Took protected leave (jury duty, military leave, voting, blood donation)
• [ ] Participated in a lawful legal proceeding
• [ ] 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 New York Labor Law Section 740 (Whistleblower Protection)

NOTE: Section 740 was significantly expanded effective January 26, 2022. The amended statute provides broad whistleblower protections.

Under the amended Labor Law Section 740, an employer may not take retaliatory action against an employee who:

1. Discloses or threatens to disclose to a supervisor or public body an activity, policy, or practice that the employee reasonably believes violates law, poses a substantial danger to public health or safety, or constitutes health care fraud

2. Provides information to or testifies before any public body investigating such violations

3. Objects to or refuses to participate in any activity, policy, or practice that the employee reasonably believes violates law or poses a substantial danger to public health or safety

N.Y. Lab. Law Section 740(2).

Key Features of Amended Section 740:
- Applies to all employees (not just those reporting violations of law, rule, or regulation)
- Covers "substantial and specific danger to public health or safety"
- Protections for refusing to participate in illegal activity
- 2-year statute of limitations
- Remedies include reinstatement, back pay, front pay, compensatory damages, punitive damages, attorney's fees, and injunctive relief
- Civil penalties up to $10,000

Our client [disclosed/objected to/refused to participate in] [describe activity], which [he/she/they] reasonably believed [violated law/posed substantial danger to public health or safety].

B. Violation of New York State Human Rights Law

[If applicable:] Our client's termination violates the NYSHRL, N.Y. Exec. Law Sections 290-301.

The NYSHRL prohibits employers from discharging or discriminating against employees because of their protected characteristics or in retaliation for opposing discriminatory practices. N.Y. Exec. Law Section 296.

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

2019/2020 Amendments Strengthen Protections:
- No "severe or pervasive" standard for harassment claims
- Employers liable for harassment by non-employees
- Lowered standard - plaintiff must show they were treated "less well" because of protected status
- Punitive damages now available
- Attorney's fees to prevailing plaintiffs

C. Violation of New York City Human Rights Law

[If applicable - for NYC employment:] Our client's termination also violates the NYCHRL, N.Y.C. Admin. Code Sections 8-101 to 8-131.

The NYCHRL must be construed "broadly in favor of discrimination plaintiffs, to the extent that such a construction is reasonably possible." N.Y.C. Admin. Code Section 8-130.

Under the NYCHRL, an employee need only show they were treated "less well" because of a protected characteristic - a significantly more favorable standard than federal law. Williams v. N.Y.C. Hous. Auth., 61 A.D.3d 62 (1st Dep't 2009).

D. Violation of Labor Law Section 215 (Wage Complaint Retaliation)

[If applicable:] Under N.Y. Lab. Law Section 215, employers are prohibited from retaliating against employees who:

• Make a complaint to the employer or DOL about wage violations
• File a civil or administrative action regarding wages
• Provide information to the DOL
• Testify in wage-related investigations or proceedings
• Exercise any rights under the Labor Law

Violations may result in liquidated damages equal to the amount of lost wages.

E. Contract and Implied Contract Claims

[If applicable:] While New York does not recognize a common law public policy exception, implied contract claims remain viable under Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458, 457 N.Y.S.2d 193 (1982).

Evidence establishing an implied contract includes:

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

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]

Under both NYSHRL and NYCHRL, emotional distress damages are available without caps.

Estimated non-economic damages: $[Amount]

C. Punitive Damages

Punitive damages are available under:
- NYSHRL (since 2019 amendments)
- NYCHRL - available where employer's conduct is willful, wanton, or malicious
- Labor Law Section 740 - explicitly authorized

[Company Short Name]'s conduct warrants punitive damages.

D. Attorney's Fees and Costs

Prevailing plaintiffs are entitled to attorney's fees under:
- NYSHRL: N.Y. Exec. Law Section 297(10)
- NYCHRL: N.Y.C. Admin. Code Section 8-502(g)
- Labor Law Section 740(5)
- Labor Law Section 215

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 Supreme Court of the State of New York, including claims for:

1. Violation of New York Labor Law Section 740
2. Violation of New York State Human Rights Law
3. [If NYC:] Violation of New York City Human Rights Law
4. Violation of Labor Law Section 215
5. Breach of Contract/Implied Contract
6. [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 CPLR 4547.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

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

cc: [Client Name] (via email)
File

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

Key New York Cases

• Murphy v. American Home Products Corp., 58 N.Y.2d 293 (1983) - No common law public policy exception
• Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458 (1982) - Implied contract from handbook
• Williams v. N.Y.C. Hous. Auth., 61 A.D.3d 62 (1st Dep't 2009) - NYCHRL liberal construction
• Forrest v. Jewish Guild for the Blind, 3 N.Y.3d 295 (2004) - Retaliation standards

Critical New York Considerations

• [ ] No common law public policy exception: Must rely on statutory claims
• [ ] Labor Law Section 740 expanded: January 2022 amendments significantly broadened protections
• [ ] NYCHRL is extremely broad: If in NYC, always plead NYCHRL claims
• [ ] No administrative exhaustion required: Can file directly in court for NYSHRL and NYCHRL
• [ ] No damage caps: New York has no caps on compensatory or punitive damages
• [ ] 2019 NYSHRL amendments: Strengthened harassment protections, added punitive damages
• [ ] Election of remedies: Filing with DHR may preclude court action