WRONGFUL TERMINATION DEMAND LETTER

Wisconsin Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Wisconsin 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 - WIS. STAT. 904.08

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 Wisconsin law and exposes the Company to substantial liability.

I. WISCONSIN EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

Wisconsin follows the employment-at-will doctrine. See Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834 (Wis. 1983). However, Wisconsin recognizes important exceptions:

1. Public Policy Exception

Wisconsin recognizes a public policy exception to at-will employment. See Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834 (Wis. 1983).

The exception requires:
- Fundamental and well-defined public policy
- Policy must be based on constitutional or statutory provisions
- Employee's conduct must be consistent with the public policy

2. Implied Contract Exception (Limited)

Wisconsin recognizes implied contracts in limited circumstances. See Ferraro v. Koelsch, 368 N.W.2d 666 (Wis. 1985).

3. Wisconsin Fair Employment Act

Wis. Stat. 111.31 et seq. provides comprehensive protection against employment discrimination.

B. Key Wisconsin Statutes

Wisconsin Fair Employment Act (Wis. Stat. 111.31 et seq.)
- Prohibits discrimination based on age (40+), race, creed, color, disability, marital status, sex, sexual orientation, national origin, ancestry, arrest/conviction record, military service, use of lawful products off-premises
- Covers employers with one or more employees
- 300-day filing deadline with ERD

Workers' Compensation Retaliation (Wis. Stat. 102.35(3))
- Prohibits discharge for filing workers' compensation claims
- Provides for reinstatement and back pay

Whistleblower Protections
- Wis. Stat. 230.80 et seq. (public employees)
- Wis. Stat. 146.997 (healthcare employees)
- Common law protections for reporting violations

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], Wisconsin.

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 Wisconsin or federal law by [describe illegal act requested]
• Reported violations of law to [management/authorities]
• Filed a workers' compensation claim under Wis. Stat. 102.35(3)
• Filed a complaint with the DWD Equal Rights Division
• [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 WISCONSIN LAW

A. Wrongful Termination in Violation of Public Policy

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

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

Under Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834 (Wis. 1983), Wisconsin recognizes a cause of action when:
1. The discharge violates fundamental and well-defined public policy
2. The public policy is evidenced by existing law
3. The employee's conduct clearly furthers the public policy

See also Hausman v. St. Croix Care Ctr., 571 N.W.2d 393 (Wis. 1997); Winkelman v. Beloit Mem'l Hosp., 483 N.W.2d 211 (Wis. 1992).

B. Retaliatory Discharge - Workers' Compensation (Wis. Stat. 102.35(3))

[If applicable:] Wisconsin Statutes 102.35(3) provides:

"An employee who is discharged or discriminated against because the employee claimed or attempted to claim benefits under this chapter... is entitled to reinstatement and back pay."

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

Remedies under Wis. Stat. 102.35(3):
- Reinstatement to former position
- Back pay
- Attorney's fees
- Costs

C. Breach of Implied Contract

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

Evidence of implied contract:
- Specific written assurances stating [quote relevant language]
- Personnel policies with explicit job security provisions
- Oral representations by [Name] that [describe assurances]

Note: Wisconsin courts are cautious about implied contract claims from employee handbooks.

See Ferraro v. Koelsch, 368 N.W.2d 666 (Wis. 1985).

D. Violation of Wisconsin Fair Employment Act (Wis. Stat. 111.31 et seq.)

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

The WFEA prohibits employment discrimination based on age, race, creed, color, disability, marital status, sex, sexual orientation, national origin, ancestry, arrest/conviction record, and military service.

Remedies under WFEA:
- Back pay (up to 2 years)
- Reinstatement
- Reasonable attorney's fees
- Costs
- Note: Compensatory and punitive damages limited under WFEA

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]

Note: Available for common law claims; limited under WFEA.

C. Punitive Damages

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

Note: Punitive damages are available for common law wrongful discharge claims but not under WFEA.

Punitive damages: $[Amount]

D. Attorney's Fees

Under Wis. Stat. 102.35(3) (WC retaliation) and WFEA, 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 [County] County, Wisconsin / United States District Court for the [Eastern/Western] District of Wisconsin] without further notice.

Causes of Action:
1. Wrongful Termination in Violation of Public Policy
2. Retaliatory Discharge in Violation of Wis. Stat. 102.35(3)
3. Breach of Implied Contract
4. Violation of Wisconsin Fair Employment Act (Wis. Stat. 111.31 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 Wisconsin Statute 904.08 and constitutes a confidential settlement communication.

Sincerely,

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

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key Wisconsin Considerations

• Wisconsin's Brockmeyer doctrine requires "fundamental and well-defined" public policy
• WFEA covers employers with 1+ employees (broader than federal law)
• WFEA covers sexual orientation (not covered by federal law)
• WFEA remedies are limited - primarily back pay and reinstatement
• DWD Equal Rights Division handles discrimination claims
• 300-day filing deadline with ERD
• Wisconsin is a deferral state - 300-day EEOC deadline
• Workers' compensation retaliation is a strong statutory claim
• Implied contract claims from handbooks are disfavored
• Common law claims provide broader damages than WFEA
• Consider federal claims for additional damages

Venue Options

• Wisconsin Circuit Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: DWD Equal Rights Division for WFEA claims

Statute of Limitations

Key Wisconsin Cases

• Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834 (Wis. 1983) (public policy exception)
• Hausman v. St. Croix Care Ctr., 571 N.W.2d 393 (Wis. 1997) (public policy scope)
• Winkelman v. Beloit Mem'l Hosp., 483 N.W.2d 211 (Wis. 1992) (whistleblower)
• Ferraro v. Koelsch, 368 N.W.2d 666 (Wis. 1985) (implied contract)
• Bushko v. Miller Brewing Co., 396 N.W.2d 167 (Wis. 1986) (WFEA interpretation)