Long Form Demand Letter Template
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6[name of company president]
PERSONAL AND CONFIDENTIAL
[name of company]
PRIVILEGED OFFER TO COMPROMISE
[date]
(California Evidence Code §§1152, 1154)
Page 1
Form 10A-2:
Demand Letter (Long Form)
PERSONAL AND CONFIDENTIAL
PRIVILEGED OFFER TO COMPROMISE
(California Evidence Code §§1152, 1154)
[date]
[name of company president]
President
[name of company]
[address of company]
Re: [name of client] v. [name of company], et al.
Case Number: Not Yet Filed
Dear [name of company president]:
Please be advised that our law firm has been retained by [name of client] to represent her with
respect to all matters arising out of her employment with [name of company] (hereinafter referred
to as the “Company”). Based on our preliminary investigation, it is our opinion that [name of
company] has violated the California Family Rights Act and the Family and Medical Leave Act,
has unlawfully retaliated against [name of client], and has terminated her employment in violation
of public policy.
[name of client] has requested that any questions, inquiries or other communications about
these matters be referred directly to my attention.
The description of facts contained herein is not intended to be exhaustive and we hereby
specifically reserve the right to supplement and/or modify the facts as further investigation
dictates. Please understand that this letter has been prepared and sent for the sole purpose of
encouraging settlement discussions. I therefore consider its contents, and any related
communications, to be privileged and confidential.
I.
CIRCUMSTANCES SURROUNDING [NAME OF CLIENT]’S EMPLOYMENT AND HER
WORKPLACE INJURY
[Insert facts in an argumentative manner to emphasize that: (1) client was entitled to protection
under the FMLA (e.g., employer had more than 50 employees, client worked at company for more
than a year and for more than 1250 hours in last year), (2) client suffered a serious medical
condition; (3) the positions client held pre-and post-injury were not comparable; and (4) client was
terminated for complaining that she did not receive a comparable position upon return from FMLA
leave.]
II.
THE COMPANY HAS ENGAGED IN UNLAWFUL EMPLOYMENT PRACTICES
Should this matter proceed to litigation, [name of plaintiff] will allege several claims of unlawful
employment practices. Such claims will include, without limitation, the following.
A. Violation of the California Family Rights Act and the Federal Family and Medical Leave
Act.
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