Long Form Demand Letter Template (Page 6 of 6) in pdf

[name of company president]

PERSONAL AND CONFIDENTIAL

[name of company]

PRIVILEGED OFFER TO COMPROMISE

[date]

(California Evidence Code §§1152, 1154)

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(“causation may be established based on the timing of the relevant actions”) and other authorities

cited supra.

Again, [name of client], should she prevail on her public policy claims, will be entitled to recover

economic damages, emotional distress damages and punitive damages.

Collateral Tort Claims

The foregoing facts will likewise support common law claims for intentional and negligent

infliction of emotional distress. Because such claims will be based on facts outside of the

compensation bargain, they will not be subject to preemption by the workers’ compensation act.

See, e.g., City of Moorpark, 18 Cal. 4th at 1155.

III.

CONCLUSION; OFFER TO COMPROMISE

As we have discussed on two occasions, I frequently find that it is often in the best interests of

all parties to make a sincere effort to explore the possibility of an informal and confidential

resolution of their disputes prior to invoking the litigation process. Indeed, exploration of the

possibilities of such a resolution has long been our firm’s practice as we believe that the vagaries

and expenses of litigation are frequently outweighed by a prompt and business-like negotiation. In

this regard, it has been our experience that mediation is an extremely successful vehicle through

which to facilitate a pre-litigation resolution. Should you be interested in setting aside a day to

mediate this matter, and assuming we are able to agree on a mediator and other acceptable

terms, we would certainly recommend to [name of client] that she agree to participate.

If your client is interested in discussing such a possibility, please contact me by no later than

close of business on [date]. If I do not hear from you within that time, we will assume that the

Company is not interested in entering a pre-litigation dialogue and will advise [name of client] to

file administrative complaints with the Equal Employment Opportunity Commission and

Department of Fair Employment and Housing and, upon receiving her right to sue letters, a civil

complaint in [name of court].

I look forward to discussing this matter with you.

Very Truly Yours,

[name of law firm]

________________________

by: [name of attorney]

Long Form Demand Letter Template Page 6