WRONGFUL TERMINATION DEMAND LETTER

Virginia Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Virginia State Bar 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 - VA. R. EVID. 2:408

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 Virginia law and exposes the Company to substantial liability.

I. VIRGINIA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Virginia adheres firmly to the employment-at-will doctrine. See Miller v. SEVAMP, Inc., 362 S.E.2d 915 (Va. 1987). However, Virginia recognizes limited exceptions:

1. Bowman Public Policy Exception

Virginia recognizes a narrow public policy exception under Bowman v. State Bank of Keysville, 331 S.E.2d 797 (Va. 1985).

The exception requires:
- Violation of established Virginia public policy
- Policy must be clear and unambiguous
- Employee's conduct must further the policy

2. Virginia Values Act (Effective 2020)

The Virginia Values Act (Va. Code 2.2-3900 et seq.) significantly expanded employment protections by prohibiting discrimination based on additional protected classes.

3. Statutory Protections

Virginia provides specific statutory protections for certain activities.

B. Key Virginia Statutes

Virginia Human Rights Act / Virginia Values Act (Va. Code 2.2-3900 et seq.)
- Prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, sexual orientation, gender identity, age (40+), marital status, disability, veteran status
- Covers employers with 5+ employees (as of 2020)
- Private right of action with compensatory and punitive damages

Fraud and Abuse Whistleblower Protection (Va. Code 40.1-27.3)
- Protects employees who report fraud or abuse to authorities
- 1-year statute of limitations

Workers' Compensation Retaliation (Va. Code 65.2-308)
- Prohibits discharge for filing workers' compensation claims

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], Virginia.

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 Virginia or federal law by [describe illegal act requested]
• Reported fraud or abuse under Va. Code 40.1-27.3
• Filed a complaint with the Division of Human Rights
• Filed a workers' compensation claim
• [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 VIRGINIA LAW

A. Wrongful Termination in Violation of Public Policy (Bowman Doctrine)

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

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

Under Bowman v. State Bank of Keysville, 331 S.E.2d 797 (Va. 1985), Virginia recognizes a cause of action when:
1. The discharge violates an established public policy
2. The public policy is clear and sufficiently articulated in law
3. The employee's conduct furthers the public policy

See also Lockhart v. Commonwealth Educ. Sys. Corp., 439 S.E.2d 328 (Va. 1994).

B. Violation of Virginia Human Rights Act / Virginia Values Act (Va. Code 2.2-3900 et seq.)

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

The Virginia Values Act prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, sexual orientation, gender identity, age (40+), marital status, disability, and veteran status.

Remedies under Va. Code 2.2-3908:
- Compensatory damages (including emotional distress)
- Back pay
- Front pay
- Punitive damages
- Reinstatement
- Reasonable attorney's fees and costs

C. Fraud and Abuse Whistleblower Protection (Va. Code 40.1-27.3)

[If applicable:] Virginia Code 40.1-27.3 prohibits retaliation against employees who report fraud or abuse.

Our client reported [describe fraud or abuse] to [appropriate body]. [Company Short Name]'s termination constitutes unlawful retaliation.

Remedies:
- Injunctive relief
- Reinstatement
- Back pay
- Reasonable attorney's fees

D. Retaliatory Discharge - Workers' Compensation (Va. Code 65.2-308)

[If applicable:] Virginia Code 65.2-308 prohibits employers from discharging employees for exercising workers' compensation rights.

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

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 the Virginia Values Act, punitive damages are available for intentional discrimination.

Punitive damages: $[Amount]

D. Attorney's Fees

Under the Virginia Values Act and other applicable statutes, 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 [Circuit Court of [City/County], Virginia / United States District Court for the [Eastern/Western] District of Virginia] without further notice.

Causes of Action:
1. Wrongful Termination in Violation of Public Policy (Bowman Doctrine)
2. Violation of Virginia Human Rights Act / Virginia Values Act (Va. Code 2.2-3900 et seq.)
3. Violation of Fraud and Abuse Whistleblower Protection (Va. Code 40.1-27.3)
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 Virginia Rule of Evidence 2:408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Virginia State Bar No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Virginia Considerations

• Virginia Values Act (2020) significantly expanded protections and created private right of action
• Values Act covers employers with 5+ employees
• Values Act includes sexual orientation and gender identity protections
• Bowman public policy exception is narrow - requires clear statutory policy
• Division of Human Rights handles discrimination claims
• 180-day filing deadline with Division of Human Rights (or right to sue letter)
• Virginia is a deferral state - 300-day EEOC deadline
• Va. Code 40.1-27.3 has 1-year SOL - act quickly
• Workers' compensation retaliation claims exist but remedies are limited
• Virginia historically was a strong at-will state - Values Act changed landscape significantly

Venue Options

• Virginia Circuit Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: Division of Human Rights

Statute of Limitations

Key Virginia Cases

• Bowman v. State Bank of Keysville, 331 S.E.2d 797 (Va. 1985) (public policy exception)
• Miller v. SEVAMP, Inc., 362 S.E.2d 915 (Va. 1987) (at-will doctrine)
• Lockhart v. Commonwealth Educ. Sys. Corp., 439 S.E.2d 328 (Va. 1994) (Bowman scope)
• Stonega Coal & Coke Co. v. Louisville & N.R. Co., 60 S.E. 444 (Va. 1908) (at-will origins)
• Thompson v. Community Action Agency, 2021 WL 4895887 (Va. 2021) (Values Act interpretation)