WRONGFUL TERMINATION DEMAND LETTER

Vermont Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Vermont 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 - VT. 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 Vermont law and exposes the Company to substantial liability.

I. VERMONT EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Vermont follows the employment-at-will doctrine but recognizes significant exceptions. See Payne v. Rozendaal, 520 A.2d 586 (Vt. 1986).

1. Public Policy Exception

Vermont recognizes a broad public policy exception to at-will employment. See Payne v. Rozendaal, 520 A.2d 586 (Vt. 1986).

Protected activities include:
- Refusing to violate the law
- Exercising a statutory right
- Performing a public obligation
- Reporting violations of law

2. Implied Contract Exception

Vermont recognizes implied contracts based on employer handbooks and representations. See Ross v. Times Mirror, Inc., 665 A.2d 580 (Vt. 1995).

3. Comprehensive Statutory Protections

Vermont provides robust statutory protections through the Fair Employment Practices Act and whistleblower statutes.

B. Key Vermont Statutes

Vermont Fair Employment Practices Act (21 V.S.A. 495 et seq.)
- Prohibits discrimination based on race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, age (18+), disability, HIV status, genetic information
- Covers employers with one or more employees
- Very broad protections

Private Sector Whistleblower Protection (21 V.S.A. 507)
- Prohibits retaliation against employees who report violations of law
- Covers private sector employees

Workers' Compensation Retaliation (21 V.S.A. 710)
- Prohibits discharge for filing workers' compensation claims
- Provides for reinstatement and damages

Vermont Parental and Family Leave Act (21 V.S.A. 470 et seq.)
- Broader than federal FMLA
- Covers smaller employers

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], Vermont.

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 Vermont or federal law by [describe illegal act requested]
• Reported violations of law under 21 V.S.A. 507
• Filed a complaint with the Vermont Attorney General's Civil Rights Unit
• 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 VERMONT LAW

A. Wrongful Termination in Violation of Public Policy

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

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

Under Payne v. Rozendaal, 520 A.2d 586 (Vt. 1986), Vermont recognizes a cause of action when an employee is terminated for:
- Refusing to violate the law
- Exercising a statutory right
- Performing a public duty
- Reporting employer misconduct

Vermont's public policy exception is broader than many states and recognizes protection for employees acting in the public interest.

B. Violation of Vermont Whistleblower Statute (21 V.S.A. 507)

[If applicable:] Vermont's private sector whistleblower statute provides:

"An employer shall not discharge, discipline, or take any other disciplinary action against an employee because the employee, or a person acting on behalf of the employee, in good faith reports or is about to report to a public body or to a person with supervisory authority over the employee a violation of any law..."

Our client reported [describe violation] on [Date]. [Company Short Name]'s termination constitutes unlawful retaliation.

Remedies:
- Reinstatement
- Back pay with interest
- Compensatory damages
- Reasonable attorney's fees and costs

C. Breach of Implied Contract

[If applicable:] [Company Short Name]'s Employee Handbook and representations created an implied contract limiting termination.

Evidence of implied contract:
- Employee Handbook provisions stating [quote relevant language]
- Personnel policies requiring specific termination procedures
- Oral representations by [Name] that [describe assurances]

See Ross v. Times Mirror, Inc., 665 A.2d 580 (Vt. 1995).

D. Violation of Vermont Fair Employment Practices Act (21 V.S.A. 495 et seq.)

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

The VFEPA prohibits employment discrimination based on race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, age (18+), disability, HIV status, and genetic information.

Remedies under 21 V.S.A. 495b:
- Compensatory damages
- Back pay
- Front pay
- Reinstatement
- Reasonable attorney's fees and costs
- Injunctive relief

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.

Punitive damages: $[Amount]

D. Attorney's Fees

Under Vermont law, 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 [Superior Court, [County] Unit, Vermont / United States District Court for the District of Vermont] without further notice.

Causes of Action:
1. Wrongful Termination in Violation of Public Policy
2. Violation of Vermont Whistleblower Statute (21 V.S.A. 507)
3. Breach of Implied Contract
4. Violation of Vermont Fair Employment Practices Act (21 V.S.A. 495 et seq.)
5. [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 Vermont Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Vermont Bar No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Vermont Considerations

• Vermont has one of the most employee-friendly legal frameworks in the nation
• VFEPA covers employers with just 1+ employees
• VFEPA covers more protected classes than federal law (sexual orientation, gender identity, HIV status)
• Age discrimination covers those 18+ (not just 40+ like ADEA)
• Private sector whistleblower statute (21 V.S.A. 507) provides strong protections
• Vermont Attorney General's Civil Rights Unit handles discrimination claims
• 1-year filing deadline (longer than many states)
• Vermont is a deferral state - 300-day EEOC deadline
• Implied contract claims from handbooks are well-recognized
• Vermont Parental and Family Leave Act is broader than FMLA

Venue Options

• Vermont Superior Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: Attorney General's Civil Rights Unit

Statute of Limitations

Key Vermont Cases

• Payne v. Rozendaal, 520 A.2d 586 (Vt. 1986) (public policy exception)
• Ross v. Times Mirror, Inc., 665 A.2d 580 (Vt. 1995) (implied contract)
• Dillon v. Champion Jogbra, Inc., 819 A.2d 703 (Vt. 2002) (handbook contracts)
• Hodgdon v. Mt. Mansfield Co., 624 A.2d 1122 (Vt. 1992) (employment discrimination)
• Jones v. Nat'l Commc'n & Surveillance Networks, 266 A.3d 759 (Vt. 2021) (VFEPA standards)