WRONGFUL TERMINATION DEMAND LETTER

West Virginia Law

[ATTORNEY/FIRM LETTERHEAD]

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

I. WEST VIRGINIA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

West Virginia follows the employment-at-will doctrine but recognizes significant exceptions. See Harless v. First Nat'l Bank, 289 S.E.2d 692 (W. Va. 1982) (seminal case establishing broad public policy exception).

1. Harless Public Policy Exception

West Virginia recognizes a broad public policy exception to at-will employment. See Harless v. First Nat'l Bank, 289 S.E.2d 692 (W. Va. 1982).

The Harless doctrine protects employees discharged in retaliation for:
- Exercising a substantial right established by law
- Refusing to violate the law
- Reporting employer violations of law
- Performing a legal duty

2. Implied Contract Exception

West Virginia recognizes implied contracts based on employer handbooks and representations. See Cook v. Heck's Inc., 342 S.E.2d 453 (W. Va. 1986).

3. West Virginia Human Rights Act

W. Va. Code 5-11-1 et seq. provides comprehensive protection against employment discrimination.

B. Key West Virginia Statutes

West Virginia Human Rights Act (W. Va. Code 5-11-1 et seq.)
- Prohibits discrimination based on race, religion, color, national origin, ancestry, sex, age (40+), disability, blindness
- Covers employers with 12+ employees
- 365-day filing deadline with WVHRC (one of the longest in the nation)

Whistleblower Protection (W. Va. Code 6C-1-1 et seq.)
- Protects state employees who report wrongdoing
- Strong common law protections for private employees under Harless

Workers' Compensation Retaliation (W. Va. Code 23-5A-1)
- Prohibits discharge for filing workers' compensation claims
- Provides for reinstatement and damages

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], West 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 West Virginia or federal law by [describe illegal act requested]
• Reported violations of law to [management/authorities]
• Filed a workers' compensation claim under W. Va. Code 23-5A-1
• Filed a complaint with the West Virginia Human Rights Commission
• Exercised a statutory right under [specific statute]
• [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 WEST VIRGINIA LAW

A. Wrongful Termination Under Harless Doctrine

[Company Short Name] terminated our client in violation of West Virginia's public policy against retaliatory discharge.

Under Harless v. First Nat'l Bank, 289 S.E.2d 692 (W. Va. 1982), West Virginia recognizes a cause of action for wrongful discharge when:

"The rule that an employer has an absolute right to discharge an at will employee must be tempered by the principle that where the employer's motivation for the discharge is to contravene some substantial public policy principle, then the employer may be liable to the employee for damages occasioned by this discharge."

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

Our client's [refusal to violate law / exercise of statutory right / report of violations] falls squarely within the Harless protection.

See also Feliciano v. 7-Eleven, Inc., 559 S.E.2d 713 (W. Va. 2001); Williamson v. Greene, 490 S.E.2d 826 (W. Va. 1997).

B. Retaliatory Discharge - Workers' Compensation (W. Va. Code 23-5A-1)

[If applicable:] West Virginia Code 23-5A-1 provides:

"No employer shall discriminate in any manner against any of his present or former employees because of such present or former employees' receipt of or attempt to receive benefits under this chapter."

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

Remedies under W. Va. Code 23-5A-3:
- Reinstatement to former position with seniority
- Back pay
- Full reinstatement of benefits
- 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 Cook v. Heck's Inc., 342 S.E.2d 453 (W. Va. 1986).

D. Violation of West Virginia Human Rights Act (W. Va. Code 5-11-1 et seq.)

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

The WVHRA prohibits employment discrimination based on race, religion, color, national origin, ancestry, sex, age (40+), disability, and blindness.

Remedies under W. Va. Code 5-11-13:
- Compensatory damages (including emotional distress)
- Back pay
- Front pay
- Punitive damages
- Reinstatement
- Reasonable attorney's fees and 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

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

Under West Virginia law, punitive damages are available for Harless claims and WVHRA claims where conduct warrants.

See Mace v. Pizza Hut, Inc., 377 S.E.2d 461 (W. Va. 1988).

Punitive damages: $[Amount]

D. Attorney's Fees

Under W. Va. Code 23-5A-3 (WC retaliation) and W. Va. Code 5-11-13 (WVHRA), 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, West Virginia / United States District Court for the [Northern/Southern] District of West Virginia] without further notice.

Causes of Action:
1. Wrongful Termination Under Harless Doctrine
2. Retaliatory Discharge in Violation of W. Va. Code 23-5A-1
3. Breach of Implied Contract
4. Violation of West Virginia Human Rights Act (W. Va. Code 5-11-1 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 West Virginia Rule of Evidence 408 and constitutes a confidential settlement communication.

Sincerely,

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

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

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

Key West Virginia Considerations

• Harless doctrine provides one of the broadest public policy exceptions in the nation
• West Virginia is employee-friendly for wrongful termination claims
• WVHRA has 365-day filing deadline (longer than most states)
• WVHRA covers employers with 12+ employees
• West Virginia Human Rights Commission handles discrimination claims
• West Virginia is a deferral state - 300-day EEOC deadline
• Workers' compensation retaliation is a strong statutory claim
• Implied contract claims from handbooks are well-recognized
• Punitive damages available for Harless claims
• Contract SOL is 10 years (written) - one of the longest

Venue Options

• West Virginia Circuit Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: WVHRC for discrimination claims

Statute of Limitations

Key West Virginia Cases

• Harless v. First Nat'l Bank, 289 S.E.2d 692 (W. Va. 1982) (establishing public policy exception)
• Feliciano v. 7-Eleven, Inc., 559 S.E.2d 713 (W. Va. 2001) (Harless scope)
• Williamson v. Greene, 490 S.E.2d 826 (W. Va. 1997) (public policy sources)
• Cook v. Heck's Inc., 342 S.E.2d 453 (W. Va. 1986) (implied contract)
• Mace v. Pizza Hut, Inc., 377 S.E.2d 461 (W. Va. 1988) (punitive damages)