WRONGFUL TERMINATION DEMAND LETTER

Washington Law

[ATTORNEY/FIRM LETTERHEAD]

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

I. WASHINGTON EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Washington follows the employment-at-will doctrine. See Thompson v. St. Regis Paper Co., 685 P.2d 1081 (Wash. 1984). However, Washington recognizes significant exceptions:

1. Public Policy Exception

Washington recognizes a broad public policy exception to at-will employment. See Thompson v. St. Regis Paper Co., 685 P.2d 1081 (Wash. 1984).

Protected activities include:
- Refusing to commit an illegal act
- Exercising a legal right or privilege
- Fulfilling a public duty or obligation
- Reporting employer misconduct (whistleblowing)

2. Implied Contract Exception

Washington recognizes implied contracts based on employer handbooks and representations. See Thompson v. St. Regis Paper Co., 685 P.2d 1081 (Wash. 1984).

3. Washington Law Against Discrimination (WLAD)

RCW 49.60 provides comprehensive protection against employment discrimination.

B. Key Washington Statutes

Washington Law Against Discrimination (RCW 49.60)
- Prohibits discrimination based on race, creed, color, national origin, sex, sexual orientation, gender identity, marital status, age (40+), disability, veteran/military status, HIV/AIDS, hepatitis C
- Covers employers with eight or more employees
- One of the most comprehensive state anti-discrimination laws

Industrial Insurance Retaliation (RCW 51.48.025)
- Prohibits discharge for filing workers' compensation claims
- Provides for damages and attorney's fees

State Employee Whistleblower Act (RCW 42.40)
- Protects state employees who report improper governmental action

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], Washington.

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 Washington or federal law by [describe illegal act requested]
• Reported employer misconduct or violations of law
• Filed a complaint with the Washington State Human Rights Commission
• Filed a workers' compensation claim under RCW 51.48.025
• Exercised a legal right or statutory privilege
• [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 WASHINGTON LAW

A. Wrongful Termination in Violation of Public Policy

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

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

Under Thompson v. St. Regis Paper Co., 685 P.2d 1081 (Wash. 1984), Washington recognizes four categories of public policy protection:
1. Refusing to commit an illegal act
2. Exercising a legal right or privilege
3. Fulfilling a public duty or obligation
4. Reporting employer misconduct

See also Dicomes v. State, 782 P.2d 1002 (Wash. 1989); Gardner v. Loomis Armored, Inc., 913 P.2d 377 (Wash. 1996).

Our client's [refusal to violate law / exercise of right / report of misconduct] falls squarely within Washington's broad public policy protection.

B. Violation of Washington Law Against Discrimination (RCW 49.60)

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

WLAD prohibits employment discrimination based on race, creed, color, national origin, sex, sexual orientation, gender identity, marital status, age (40+), disability, veteran/military status, HIV/AIDS, and hepatitis C status.

Remedies under RCW 49.60.030:
- Actual damages (no cap)
- Injunctive relief
- Reasonable attorney's fees and costs
- Affirmative relief

See Fell v. Spokane Transit Auth., 911 P.2d 1319 (Wash. 1996).

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]
- Course of dealing establishing expectation of continued employment

See Thompson v. St. Regis Paper Co., 685 P.2d 1081 (Wash. 1984); Swanson v. Liquid Air Corp., 826 P.2d 664 (Wash. 1992).

D. Retaliatory Discharge - Workers' Compensation (RCW 51.48.025)

[If applicable:] RCW 51.48.025 prohibits employers from discharging employees for filing workers' compensation claims.

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

Remedies:
- Actual damages
- Reasonable attorney's fees
- Costs

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

[Note: Washington generally does not allow punitive damages for common law claims. However, treble damages may be available under certain statutes.]

D. Attorney's Fees

Under RCW 49.60.030 (WLAD) and RCW 51.48.025 (WC retaliation), 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 of Washington for [County] County / United States District Court for the [Eastern/Western] District of Washington] without further notice.

Causes of Action:
1. Wrongful Termination in Violation of Public Policy
2. Violation of Washington Law Against Discrimination (RCW 49.60)
3. Breach of Implied Contract
4. Retaliatory Discharge in Violation of RCW 51.48.025
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 Washington Evidence Rule 408 and constitutes a confidential settlement communication.

Sincerely,

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

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Washington Considerations

• Washington recognizes a broad public policy exception to at-will employment
• Thompson established four categories of protected activity
• WLAD is one of the most comprehensive anti-discrimination laws in the nation
• WLAD covers sexual orientation, gender identity, HIV/AIDS status
• WLAD has no damage caps for compensatory damages
• Washington State Human Rights Commission (WSHRC) handles discrimination claims
• 6-month filing deadline with WSHRC (shorter than most states)
• Direct civil action under WLAD has 3-year SOL
• Washington is a deferral state - 300-day EEOC deadline
• Washington does not generally allow punitive damages
• Implied contract claims from handbooks are well-recognized

Venue Options

• Washington Superior Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: WSHRC for discrimination claims

Statute of Limitations

Key Washington Cases

• Thompson v. St. Regis Paper Co., 685 P.2d 1081 (Wash. 1984) (public policy exception)
• Dicomes v. State, 782 P.2d 1002 (Wash. 1989) (whistleblower protection)
• Gardner v. Loomis Armored, Inc., 913 P.2d 377 (Wash. 1996) (public policy scope)
• Swanson v. Liquid Air Corp., 826 P.2d 664 (Wash. 1992) (implied contract)
• Fell v. Spokane Transit Auth., 911 P.2d 1319 (Wash. 1996) (WLAD remedies)