WRONGFUL TERMINATION DEMAND LETTER

STATE OF OHIO

[ATTORNEY/FIRM LETTERHEAD]

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

I. OHIO-SPECIFIC LEGAL FRAMEWORK

A. At-Will Employment and Exceptions

Ohio follows the employment-at-will doctrine. Mers v. Dispatch Printing Co., 19 Ohio St.3d 100, 483 N.E.2d 150 (1985). However, Ohio recognizes important exceptions:

1. Public Policy Exception (Greeley Doctrine)

Ohio strongly recognizes the public policy exception under Greeley v. Miami Valley Maintenance Contractors, Inc., 49 Ohio St.3d 228, 551 N.E.2d 981 (1990). The Ohio Supreme Court has identified four elements for a wrongful discharge claim:

1. A clear public policy manifested in statute, constitution, administrative regulation, or common law
2. Dismissal under the circumstances would jeopardize the public policy
3. The dismissal was motivated by conduct related to the public policy
4. Lack of overriding legitimate business justification

2. Implied Contract Exception

An implied contract may modify the at-will relationship. Mers, 19 Ohio St.3d at 104.

3. Promissory Estoppel

Where an employee detrimentally relies on specific promises of job security, promissory estoppel may apply. Mers, 19 Ohio St.3d at 104-05.

B. Statute of Limitations

C. Ohio Civil Rights Act (OCRA)

The Ohio Civil Rights Act, Ohio Rev. Code Sections 4112.01 to 4112.99, prohibits employment discrimination based on:

• Race
• Color
• Religion
• Sex (including pregnancy)
• Military status
• National origin
• Disability
• Age (40+)
• Ancestry

The OCRA applies to employers with 4 or more employees. Ohio Rev. Code Section 4112.01(A)(2).

Key OCRA Features:
- No administrative exhaustion required - may file directly in court
- 6-year statute of limitations for court filings
- No caps on compensatory or punitive damages
- Attorney's fees available to prevailing plaintiffs

D. Administrative Exhaustion

OCRA: No administrative exhaustion required. Plaintiffs may:
- File directly in court within 6 years, OR
- File with the Ohio Civil Rights Commission (OCRC) within 2 years

Ohio Whistleblower Statute: Must exhaust internal reporting first (see below).

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 felony violations to appropriate authorities (Whistleblower Statute)
• [ ] Reported violations that pose imminent danger to public health or safety
• [ ] Refused to participate in illegal activity
• [ ] Filed a workers' compensation claim
• [ ] Exercised statutory rights (FMLA, jury duty, military leave)
• [ ] Complained about discrimination or harassment under OCRA
• [ ] Participated in an investigation or legal proceeding
• [ ] Reported safety violations under Ohio OSHA
• [ ] 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 (Greeley Doctrine)

Under Greeley v. Miami Valley Maintenance Contractors, Inc., 49 Ohio St.3d 228, 551 N.E.2d 981 (1990), Ohio recognizes wrongful discharge claims where termination violates clear public policy.

The Four Greeley Elements Are Met:

1. Clear Public Policy Exists
The public policy violated here is manifested in [identify source: statute, constitution, regulation, or common law]. Specifically, [cite the relevant provision and explain the public policy].

2. Dismissal Jeopardizes the Public Policy
Allowing employers to terminate employees for [describe the protected conduct] would undermine the public policy of [describe the policy goal].

3. Dismissal Was Motivated by Protected Conduct
Our client was terminated because [he/she/they] [describe the protected activity]. The temporal proximity of [X days/weeks] between the protected activity and termination, combined with [other evidence], demonstrates retaliatory motive.

4. No Overriding Business Justification
[Company Short Name]'s stated reason of [employer's reason] is pretextual. [Explain why there is no legitimate business justification].

See also Collins v. Rizkana, 73 Ohio St.3d 65, 652 N.E.2d 653 (1995); Kulch v. Structural Fibers, Inc., 78 Ohio St.3d 134, 677 N.E.2d 308 (1997).

B. Ohio Whistleblower Protection Act

[If applicable:] Our client's termination also violates the Ohio Whistleblower Protection Act, Ohio Rev. Code Section 4113.52.

Under Section 4113.52(A), an employer may not take disciplinary or retaliatory action against an employee who reports:

1. A criminal violation (felony) to an appropriate authority
2. A violation that presents imminent danger of physical harm or a hazard to public health or safety

Important Procedural Requirements:

Under Section 4113.52(A)(1), before reporting to an outside authority, the employee must:
- First notify the supervisor or other responsible officer of the violation, AND
- Make reasonable effort to determine accuracy of the information, AND
- File a written report with the supervisor identifying the violation

However, if the employee makes a reasonable attempt to correct the violation and no correction is made within 24 hours (for imminent danger violations), the employee may then report to an outside authority.

Our client [complied with these requirements by / was excused from these requirements because] [explain].

Remedies under Section 4113.52:
- Reinstatement
- Back pay
- Full reinstatement of benefits
- No damages for emotional distress or punitive damages under statute (but available under common law Greeley claim)

C. Ohio Civil Rights Act Violations

[If applicable:] Our client's termination violates the Ohio Civil Rights Act, Ohio Rev. Code Sections 4112.01 to 4112.99.

The OCRA prohibits employers from discriminating against employees based on protected characteristics. Ohio Rev. Code Section 4112.02(A). The OCRA also prohibits retaliation against employees who oppose discriminatory practices or participate in proceedings. Ohio Rev. Code Section 4112.02(I).

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

D. Workers' Compensation Retaliation

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

Under Greeley and its progeny, termination for filing a workers' compensation claim violates Ohio public policy. See Coolidge v. Riverdale Local School Dist., 100 Ohio St.3d 141, 797 N.E.2d 61 (2003).

Additionally, Ohio Rev. Code Section 4123.90 prohibits retaliation for filing workers' compensation claims.

E. Implied Contract Theory

[If applicable:] Under Mers v. Dispatch Printing Co., 19 Ohio St.3d 100, 483 N.E.2d 150 (1985), implied contracts may modify at-will employment.

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.

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 Ohio law, emotional distress damages are available in Greeley public policy claims and OCRA claims. See Dillon v. Medcentral Health System, 166 Ohio App.3d 368, 850 N.E.2d 1243 (2006).

Estimated non-economic damages: $[Amount]

C. Punitive Damages

Under Ohio law, punitive damages may be awarded where the defendant's conduct demonstrates "actual malice." Ohio Rev. Code Section 2315.21.

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

Note: Ohio caps punitive damages at the greater of: (1) two times compensatory damages, or (2) 10% of the employer's net worth up to $350,000,000. Ohio Rev. Code Section 2315.21(D).

D. Attorney's Fees and Costs

Under the OCRA, prevailing plaintiffs may recover reasonable attorney's fees. Ohio Rev. Code Section 4112.99.

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 Ohio Court of Common Pleas, including claims for:

1. Wrongful Discharge in Violation of Public Policy (Greeley)
2. Violation of Ohio Whistleblower Protection Act (Ohio Rev. Code Section 4113.52)
3. Violation of Ohio Civil Rights Act (Ohio Rev. Code Section 4112.02)
4. Breach of Implied Contract
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 Ohio Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

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

cc: [Client Name] (via email)
File

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

Key Ohio Cases

• Greeley v. Miami Valley Maintenance Contractors, 49 Ohio St.3d 228, 551 N.E.2d 981 (1990) - Public policy exception
• Mers v. Dispatch Printing Co., 19 Ohio St.3d 100, 483 N.E.2d 150 (1985) - At-will doctrine and exceptions
• Collins v. Rizkana, 73 Ohio St.3d 65, 652 N.E.2d 653 (1995) - Public policy sources
• Kulch v. Structural Fibers, 78 Ohio St.3d 134, 677 N.E.2d 308 (1997) - Whistleblower and public policy

Ohio-Specific Considerations

• [ ] Strong public policy exception: Ohio's Greeley doctrine is well-developed
• [ ] No OCRA exhaustion required: Can file directly in court with 6-year SOL
• [ ] Whistleblower internal reporting: Must usually report internally first under Section 4113.52
• [ ] 180-day whistleblower SOL: Very short - calendar carefully
• [ ] Punitive damage caps: 2x compensatory or percentage of net worth
• [ ] OCRA covers small employers: Applies to employers with 4+ employees
• [ ] Emotional distress in Greeley claims: Available in public policy tort claims