WRONGFUL TERMINATION DEMAND LETTER

Pennsylvania Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Pennsylvania Supreme Court ID No.]

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 - PA. R. EVID. 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] wrongful termination from employment with [Company Legal Name] ("[Company Short Name]") on [Termination Date]. Please direct all further communications to our office.

We write to demand immediate action to remedy the unlawful termination and to resolve this matter short of litigation. [Company Short Name]'s termination of our client violates Pennsylvania law and exposes the Company to substantial liability.

I. PENNSYLVANIA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Pennsylvania adheres firmly to the employment-at-will doctrine. See Geary v. United States Steel Corp., 319 A.2d 174 (Pa. 1974). However, Pennsylvania courts recognize narrow exceptions:

1. Public Policy Exception

Pennsylvania recognizes a narrow public policy exception. The public policy must be clear and well-established. See Shick v. Shirey, 716 A.2d 1231 (Pa. 1998).

Protected activities include:
- Refusing to violate law or professional ethics
- Complying with statutory duties
- Filing workers' compensation claims
- Exercising certain statutory rights

2. Statutory Exceptions

Pennsylvania provides specific statutory protections:
- Pennsylvania Human Relations Act (43 P.S. 951 et seq.)
- Workers' Compensation Act anti-retaliation (77 P.S. 431)
- Whistleblower Law (43 P.S. 1421 et seq.) - public employees

3. Implied Contract (Very Limited)

Pennsylvania courts have been reluctant to recognize implied contracts from handbooks. See Luteran v. Loral Fairchild Corp., 688 A.2d 211 (Pa. Super. 1997).

B. Key Pennsylvania Statutes

Pennsylvania Human Relations Act (43 P.S. 951 et seq.)
- Prohibits discrimination based on race, color, religion, ancestry, age (40+), sex, national origin, disability, familial status, use of guide animals
- Covers employers with four or more employees
- 180-day filing deadline with PHRC

Workers' Compensation Retaliation (77 P.S. 431)
- Prohibits discharge for filing workers' compensation claim
- Provides for reinstatement, back pay, and attorney's fees

Pennsylvania Whistleblower Law (43 P.S. 1421 et seq.)
- Protects public employees who report wrongdoing
- Limited application - primarily public sector
- Private sector may rely on common law

II. FACTUAL BACKGROUND

A. Employment History

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [Termination Date] as a [Job Title] in [City], Pennsylvania.

Employment Summary:

Our client was a dedicated employee with an excellent performance record:
- [Describe positive performance history]
- [Describe promotions, raises, commendations]
- [Describe any relevant achievements]

B. The Protected Activity / Triggering Event

On or about [Date], our client [describe protected activity]:

• Refused to violate Pennsylvania or federal law by [describe illegal act requested]
• Filed a workers' compensation claim under 77 P.S. 431
• Filed a complaint with the Pennsylvania Human Relations Commission
• Reported violations affecting public health, safety, or welfare
• [Other protected activity]

C. The Wrongful Termination

On [Termination Date], [Company Short Name] terminated our client, purportedly for [stated reason]. This stated reason is pretextual, as evidenced by:

1. Temporal proximity: The termination occurred just [X days/weeks] after the protected activity
2. Prior positive treatment: Our client had [no prior discipline / positive reviews / recent promotion]
3. Disparate treatment: Similarly situated employees who did not engage in protected activity were [not terminated / treated more favorably]
4. Shifting explanations: [Describe any inconsistent reasons given]
5. Direct evidence: [Describe any statements indicating true motive]

III. LEGAL CLAIMS UNDER PENNSYLVANIA LAW

A. Retaliatory Discharge - Workers' Compensation (77 P.S. 431)

[If applicable:] Pennsylvania law prohibits employers from discharging employees for filing workers' compensation claims.

77 P.S. 431 provides:

"No employer shall discharge any employee because of the exercise of his rights under this act."

Our client filed a workers' compensation claim on [Date] for [injury]. [Company Short Name] terminated our client in retaliation for exercising this statutory right.

Remedies:
- Reinstatement with full seniority
- Back wages
- Benefits
- Reasonable attorney's fees and costs

See Shick v. Shirey, 716 A.2d 1231 (Pa. 1998).

B. Wrongful Termination in Violation of Public Policy

[Company Short Name] terminated our client in violation of Pennsylvania's public policy against [describe the public policy violated]:

Source of Public Policy: [Cite Pennsylvania statute, constitutional provision, or court decision]

Pennsylvania's public policy exception requires:
1. The policy must be clear and well-established
2. The policy must be based on statute, constitutional provision, or judicial decision
3. The termination must clearly implicate the public policy

See Weaver v. Harpster, 975 A.2d 555 (Pa. 2009); McLaughlin v. Gastrointestinal Specialists, Inc., 750 A.2d 283 (Pa. 2000).

C. Violation of Pennsylvania Human Relations Act (43 P.S. 951 et seq.)

[If applicable:] [Company Short Name]'s termination was motivated by discrimination based on [protected characteristic].

The PHRA prohibits employment discrimination based on race, color, religion, ancestry, age (40+), sex, national origin, disability, familial status, and use of guide animals.

Remedies under PHRA:
- Back pay
- Front pay
- Compensatory damages (including emotional distress)
- Punitive damages (in appropriate cases)
- Reasonable attorney's fees and costs
- Injunctive relief

See Hoy v. Angelone, 720 A.2d 745 (Pa. 1998).

D. Breach of Implied Contract

[If applicable, though Pennsylvania courts are skeptical:] [Company Short Name]'s express representations created contractual obligations.

Evidence of contract:
- Specific written assurances stating [quote relevant language]
- Oral representations by [Name] that [describe assurances]

Note: Pennsylvania courts generally do not recognize employee handbooks as creating implied contracts absent specific, express promises.

IV. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay

B. Compensatory Damages (Non-Economic)

Our client has suffered severe emotional distress:
- [Describe anxiety, depression, humiliation]
- [Describe impact on health and relationships]
- [Describe medical treatment sought]

Emotional distress damages: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct was willful, malicious, and in reckless disregard of our client's rights.

Under Pennsylvania law, punitive damages may be available for PHRA claims and common law wrongful discharge claims involving egregious conduct.

Punitive damages: $[Amount]

D. Attorney's Fees

Under 77 P.S. 431 (workers' compensation retaliation) and the PHRA, our client is entitled to reasonable attorney's fees.

Estimated fees through trial: $[Amount]

E. Summary of Damages

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] in full settlement of all claims.

Additional Terms:
- Neutral reference (dates and position only)
- No contest to unemployment benefits
- Expungement of personnel file
- Mutual non-disparagement
- Confidentiality (terms to be negotiated)

VI. RESPONSE DEADLINE

Please respond within fourteen (14) calendar days, no later than [Response Deadline Date].

If we do not receive a satisfactory response, we are authorized to file suit in the [Court of Common Pleas of [County] County, Pennsylvania / United States District Court for the [Eastern/Middle/Western] District of Pennsylvania] without further notice.

Causes of Action:
1. Retaliatory Discharge in Violation of 77 P.S. 431
2. Wrongful Termination in Violation of Public Policy
3. Violation of Pennsylvania Human Relations Act (43 P.S. 951 et seq.)
4. [Other claims as applicable]

VII. DOCUMENT PRESERVATION

Immediately implement a litigation hold to preserve all relevant documents and ESI regarding our client's employment, performance, and termination.

VIII. CONFIDENTIALITY

This letter is protected by Pennsylvania Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Pennsylvania Supreme Court ID No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Pennsylvania Considerations

• Pennsylvania is a strong at-will employment state with narrow exceptions
• Public policy exception requires "clear mandate" from statute, constitution, or judicial decision
• PHRA is primary vehicle for discrimination claims - 180-day filing deadline with PHRC
• Workers' compensation retaliation is strongest statutory claim
• Pennsylvania Whistleblower Law is limited to public employees
• Implied contract claims from handbooks rarely succeed in Pennsylvania
• Pennsylvania is a deferral state - 300-day EEOC deadline
• Consider parallel federal claims (Title VII, ADA, ADEA)

Venue Options

• Pennsylvania Court of Common Pleas (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: PHRC for discrimination claims

Statute of Limitations

Key Pennsylvania Cases

• Geary v. United States Steel Corp., 319 A.2d 174 (Pa. 1974) (at-will doctrine)
• Shick v. Shirey, 716 A.2d 1231 (Pa. 1998) (WC retaliation and public policy)
• Weaver v. Harpster, 975 A.2d 555 (Pa. 2009) (public policy exception scope)
• McLaughlin v. Gastrointestinal Specialists, Inc., 750 A.2d 283 (Pa. 2000) (public policy)
• Hoy v. Angelone, 720 A.2d 745 (Pa. 1998) (PHRA interpretation)
• Luteran v. Loral Fairchild Corp., 688 A.2d 211 (Pa. Super. 1997) (handbook limitations)