RETALIATION DEMAND LETTER

Federal and State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Attorney Bar Number]

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]

Copy to:
[General Counsel]
[EPLI Carrier, if known]

Re: Unlawful Retaliation Against [Client Full Name]
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
[OSHA/DOL Complaint No.: XXXXX] (if applicable)
[State Agency Charge/Complaint No.: XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") in connection with claims of unlawful retaliation against [Company Legal Name] ("[Company Short Name]" or "the Company"). Please direct all future communications regarding this matter to our office.

Our client engaged in legally protected activity by [briefly describe protected activity], and [Company Short Name] retaliated by [briefly describe adverse action]. This retaliation violates federal law, [State] law, and exposes the Company to substantial liability for compensatory damages, punitive damages, statutory penalties, and attorney's fees.

We write to demand immediate resolution of this matter and to advise that we are prepared to file suit if a satisfactory response is not received.

I. NATURE OF THE PROTECTED ACTIVITY

Our client engaged in one or more forms of protected activity that triggered [Company Short Name]'s unlawful retaliation:

A. Type of Protected Activity

[Check all that apply]

Opposition to Discrimination/Harassment (Title VII, ADA, ADEA, State Law)
☐ Complained internally about discrimination based on [race / sex / religion / national origin / color / age / disability / other protected class]
☐ Complained internally about harassment or hostile work environment
☐ Reported discrimination or harassment to human resources
☐ Filed a formal internal complaint or grievance
☐ Opposed discriminatory policies or practices
☐ Refused to participate in discriminatory conduct

Participation in Discrimination Proceedings
☐ Filed a Charge of Discrimination with the EEOC or [State Agency]
☐ Participated in an EEOC investigation
☐ Testified or provided information in a discrimination proceeding
☐ Served as a witness in a co-worker's discrimination case

Wage and Hour Complaints (FLSA, State Law)
☐ Complained about unpaid wages or overtime
☐ Filed a wage claim with the Department of Labor or [State Agency]
☐ Discussed wages with coworkers
☐ Testified or provided information in a wage-hour investigation

Whistleblower Activity (SOX, State Whistleblower Laws)
☐ Reported securities fraud or violations of SEC rules (Sarbanes-Oxley)
☐ Reported fraud against the government (False Claims Act)
☐ Reported violations of law to management
☐ Reported violations to a government agency or law enforcement
☐ Refused to participate in illegal activity
☐ Cooperated with a government investigation

Safety Complaints (OSHA, State Law)
☐ Reported workplace safety violations
☐ Filed an OSHA complaint
☐ Refused to perform work in unsafe conditions
☐ Participated in a safety inspection or investigation

Other Protected Activity
☐ Requested reasonable accommodation for disability
☐ Requested religious accommodation
☐ Requested FMLA leave or complained about FMLA violations
☐ Filed a workers' compensation claim
☐ Exercised rights under an employment contract or CBA
☐ Engaged in concerted activity protected by the NLRA
☐ [Other: describe]

B. Timeline of Protected Activity

C. Detailed Narrative

On [Date], our client [describe the protected activity in detail]:

[Provide comprehensive narrative including:
- What our client observed, learned, or experienced that prompted the protected activity
- The specific concerns raised or actions taken
- To whom the concerns were raised (names, titles)
- The manner of reporting (verbal, written, formal complaint)
- Any response received from management or HR
- Any instructions given to our client regarding the matter
- Any witnesses to the protected activity]

Our client's [complaint / report / testimony / action] was made in good faith and based on a reasonable belief that [the conduct complained of was unlawful / the information reported was accurate / the activity opposed was illegal].

II. THE RETALIATORY CONDUCT

A. Adverse Employment Actions

Following our client's protected activity, [Company Short Name] subjected [him/her/them] to the following retaliatory adverse employment actions:

[Check all applicable actions and provide details]

Termination/Constructive Discharge
☐ Our client was terminated on [Date]
☐ Our client was forced to resign due to intolerable conditions on [Date]

Demotion/Reassignment
☐ Demoted from [Former Position] to [New Position] on [Date]
☐ Reassigned to less desirable duties/location/shift on [Date]
☐ Stripped of [responsibilities / authority / direct reports] on [Date]

Compensation Reductions
☐ Salary reduced from $[Amount] to $[Amount] on [Date]
☐ Bonus denied or reduced on [Date]
☐ Commission structure changed adversely on [Date]
☐ Hours reduced from [X] to [X] per week on [Date]

Performance/Discipline
☐ Received negative performance review on [Date] (previously had positive reviews)
☐ Placed on performance improvement plan (PIP) on [Date]
☐ Received written warning on [Date] for [pretextual reason]
☐ Suspended [with/without] pay from [Date] to [Date]

Hostile Treatment/Exclusion
☐ Excluded from meetings, communications, or decisions
☐ Subjected to increased scrutiny and micromanagement
☐ Isolated from coworkers or ostracized
☐ Given impossible tasks or set up to fail
☐ Denied resources necessary to perform job

Benefits/Opportunities
☐ Denied promotion to [Position] on [Date]
☐ Denied training or professional development opportunities
☐ Denied desirable assignments or projects
☐ Benefits reduced or eliminated

Other Adverse Actions
☐ Negative reference provided to prospective employer
☐ Reported to licensing board or professional organization
☐ [Other: describe]

B. Timeline of Retaliation

C. Evidence of Causal Connection

The causal connection between our client's protected activity and the adverse actions is demonstrated by:

1. Temporal Proximity

The adverse actions began just [X days/weeks] after our client's protected activity. Such close temporal proximity alone is sufficient to establish causation. See, e.g., Clark Cty. Sch. Dist. v. Breeden, 532 U.S. 268 (2001) (very close temporal proximity can establish causation); [relevant circuit/state case].

2. Knowledge

The decision-makers who took adverse action against our client had knowledge of [his/her/their] protected activity:
- [Name] learned of the protected activity on [Date] when [describe how]
- [Name] was directly [the subject of the complaint / involved in the investigation]
- [Describe how knowledge can be imputed to decision-makers]

3. Pattern of Antagonism

Following the protected activity, our client experienced a sudden shift in treatment:
- Before protected activity: [Describe positive treatment, reviews, relationship]
- After protected activity: [Describe hostile treatment, negative reviews, changed relationship]

4. Statements Evidencing Retaliatory Intent

Decision-makers made statements indicating retaliatory motive:
- [Quote statement] made by [Name] on [Date]
- [Quote statement] made by [Name] on [Date]

5. Deviation from Policy and Practice

[Company Short Name] deviated from its standard policies and practices in its treatment of our client:
- [Describe policy deviation]
- [Describe inconsistent treatment compared to similarly situated employees]

6. Pretext

The reasons offered by [Company Short Name] for the adverse actions are pretextual:
- [Describe stated reason and why it is false]
- [Describe evidence showing the real reason was retaliation]
- [Describe shifting or inconsistent explanations]

7. Comparator Evidence

Employees who did not engage in protected activity but had similar [performance issues / conduct / qualifications] were treated more favorably:

III. ADMINISTRATIVE PROCEEDINGS (If Applicable)

A. EEOC/State Agency Charge

[If retaliation claim filed with EEOC or state agency:]

On [Filing Date], our client filed Charge No. [XXX-XXXX-XXXXX] with the [EEOC / [State Agency]], alleging retaliation in violation of [Title VII / ADA / ADEA / [State Statute]].

On [Right to Sue Date], the [EEOC / [State Agency]] issued a [Notice of Right to Sue / Determination]. The 90-day filing deadline expires on [Deadline Date].

B. OSHA Whistleblower Complaint

[If SOX or other OSHA-administered whistleblower claim:]

On [Filing Date], our client filed a complaint with the Occupational Safety and Health Administration (OSHA), alleging retaliation in violation of [Sarbanes-Oxley Act, 18 U.S.C. § 1514A / Other statute]. Complaint No. [XXXXX].

[Status of OSHA investigation / right to file in federal court if no final decision within 180 days]

C. Other Agency Filings

[Describe any other administrative filings, e.g., DOL wage complaint, NLRB charge, state agency complaint]

IV. LEGAL CLAIMS

A. Title VII Anti-Retaliation, 42 U.S.C. § 2000e-3(a)

Title VII prohibits retaliation against employees who oppose unlawful employment practices or participate in Title VII proceedings. 42 U.S.C. § 2000e-3(a).

To establish a prima facie case of retaliation, our client must show: (1) [he/she/they] engaged in protected activity; (2) [he/she/they] suffered an adverse employment action; and (3) a causal connection exists between the protected activity and adverse action.

Protected Activity: Our client [opposed discrimination by complaining about [specific conduct] / participated in an EEOC investigation by [specific participation]].

Adverse Action: Under Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006), an adverse action is one that "well might have dissuaded a reasonable worker from making or supporting a charge of discrimination." The actions taken against our client—[list actions]—easily satisfy this standard.

Causation: The temporal proximity of [X days/weeks] between protected activity and adverse action, combined with [other evidence of causation], establishes the requisite causal connection.

B. 42 U.S.C. § 1981 (Race-Based Retaliation)

[If underlying complaint involved race discrimination:]

Section 1981 prohibits retaliation against individuals who oppose race discrimination or assert Section 1981 rights. CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008).

Section 1981 claims are not subject to Title VII's administrative exhaustion requirements or damage caps. The statute of limitations is four years.

C. FLSA Anti-Retaliation, 29 U.S.C. § 215(a)(3)

[If underlying complaint involved wage-hour issues:]

The FLSA prohibits retaliation against employees who file complaints, institute proceedings, or testify regarding FLSA violations. 29 U.S.C. § 215(a)(3).

Our client engaged in protected activity by [describe wage-hour complaint or testimony]. [Company Short Name] retaliated by [describe adverse action].

The FLSA anti-retaliation provision requires no administrative exhaustion. The statute of limitations is 2 years (3 years for willful violations).

D. ADA Anti-Retaliation, 42 U.S.C. § 12203

[If underlying complaint involved disability discrimination or accommodation:]

The ADA prohibits retaliation against individuals who oppose disability discrimination or request reasonable accommodations. 42 U.S.C. § 12203.

Our client requested [reasonable accommodation / opposed disability discrimination], and [Company Short Name] retaliated by [describe adverse action].

E. ADEA Anti-Retaliation, 29 U.S.C. § 623(d)

[If underlying complaint involved age discrimination:]

The ADEA prohibits retaliation against individuals who oppose age discrimination or participate in ADEA proceedings. 29 U.S.C. § 623(d).

F. Sarbanes-Oxley Act, 18 U.S.C. § 1514A

[If whistleblower complaint regarding securities fraud:]

SOX protects employees of publicly traded companies who report securities fraud, violations of SEC rules, or other federal laws relating to fraud against shareholders. 18 U.S.C. § 1514A.

Our client reported [describe the fraud or violation reported] to [describe to whom—management, board, SEC, Congress, or other]. [Company Short Name] retaliated by [describe adverse action].

Remedies under SOX include:
- Reinstatement with the same seniority status
- Back pay with interest
- Compensatory damages, including litigation costs, expert witness fees, and attorney's fees

G. [State] Whistleblower Protection Act, [Cite Statute]

[State]'s whistleblower protection statute prohibits retaliation against employees who [describe protected activity under state law].

Key provisions of [State] law:
- Protected Activity: [Describe what is protected]
- Covered Employers: [Employer size/type coverage]
- Remedies: [Describe available remedies—reinstatement, back pay, compensatory damages, punitive damages, attorney's fees, civil penalties]
- Statute of Limitations: [X years from adverse action]
- Administrative Exhaustion: [Required/Not required]

H. [State] Common Law Wrongful Termination

[State] recognizes a common law cause of action for wrongful termination in violation of public policy. Our client's termination for [engaging in protected activity] violates the clear public policy of [State] as expressed in [cite sources of public policy—statutes, constitutions, regulations].

I. Additional Claims

☐ FMLA Retaliation, 29 U.S.C. § 2615 (retaliation for taking or requesting FMLA leave)
☐ USERRA Retaliation, 38 U.S.C. § 4311 (retaliation for military service)
☐ False Claims Act Retaliation, 31 U.S.C. § 3730(h) (retaliation for reporting government fraud)
☐ NLRA Retaliation, 29 U.S.C. § 158(a)(1), (3), (4) (retaliation for concerted activity)
☐ State Labor Code Retaliation, [Citation] ([describe])
☐ Intentional Infliction of Emotional Distress
☐ Defamation (if false statements made)

V. DAMAGES

A. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay

Given [describe impediments to re-employment], our client is entitled to front pay for [X years]:

4. Out-of-Pocket Expenses

B. Compensatory Damages (Emotional Distress)

The retaliation has caused our client severe emotional distress:

• [Describe emotional impact: anxiety, depression, humiliation, fear]
• [Describe physical manifestations]
• [Describe impact on sleep, appetite, concentration]
• [Describe impact on family relationships]
• [Describe professional reputation harm]
• [Describe medical/psychological treatment]

Compensatory damages: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct was malicious, willful, and undertaken with reckless indifference to our client's federally protected rights:

• [Describe evidence of malice or reckless indifference]
• The retaliation was ordered or approved by [senior management / executives]
• [Company Short Name] failed to discipline the retaliators
• [Company Short Name] has a history of retaliation against employees who complain

Punitive damages: $[Amount]

Note on Damage Caps: Title VII and ADA retaliation claims are subject to the same caps as discrimination claims ($50,000-$300,000 based on employer size). However, Section 1981, FLSA, and most state law claims have no caps.

D. Statutory Penalties

[If applicable under state law:]

E. Attorney's Fees and Costs

Federal anti-retaliation statutes and [State] law provide for recovery of reasonable attorney's fees.

Estimated fees through trial: $[Amount]
Estimated costs: $[Amount]

F. Other Relief

☐ Reinstatement to [former position or equivalent]
☐ Expungement of negative personnel records
☐ Injunctive relief prohibiting further retaliation
☐ Posting of anti-retaliation notice in workplace

G. Summary of Damages

VI. SETTLEMENT DEMAND

Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] in full and final settlement of all claims arising from the unlawful retaliation against our client.

Settlement Terms

In addition to the monetary payment, settlement must include:

☐ Neutral Reference: [Company Short Name] will provide only dates of employment and final position
☐ Personnel File: Expungement of all documents related to the pretextual discipline and termination
☐ Non-Disparagement: Mutual non-disparagement provisions
☐ Confidentiality: [Subject to negotiation; note that settlement cannot restrict communication with government agencies]
☐ Unemployment: [Company Short Name] will not contest unemployment benefits
☐ No Rehire: We will NOT agree to a "no rehire" provision
☐ Anti-Retaliation Training: [If pattern/practice: training for supervisors on anti-retaliation obligations]

VII. RESPONSE DEADLINE

Please respond to this demand in writing within [fourteen (14) / twenty-one (21)] calendar days of receipt, no later than [Response Deadline Date].

Critical Deadlines:
- Right to Sue 90-day deadline (if applicable): [Date]
- State statute of limitations: [Date]
- [Other applicable deadline]: [Date]

If we do not receive a satisfactory response, we will file suit in [Court Name] asserting:

1. Retaliation in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-3(a)
2. Retaliation in violation of 42 U.S.C. § 1981 [if applicable]
3. Retaliation in violation of the Fair Labor Standards Act, 29 U.S.C. § 215(a)(3) [if applicable]
4. Retaliation in violation of the Americans with Disabilities Act, 42 U.S.C. § 12203 [if applicable]
5. Retaliation in violation of [State Whistleblower Statute]
6. Wrongful termination in violation of public policy
7. [Additional claims as applicable]

We will seek compensatory damages, punitive damages, statutory penalties, equitable relief, attorney's fees, and costs.

VIII. DOCUMENT PRESERVATION

This letter constitutes formal notice of litigation. [Company Short Name] must immediately implement a litigation hold to preserve all documents and ESI relevant to:

☐ Our client's employment, performance, and personnel file
☐ Our client's protected activity and the underlying complaint
☐ The investigation (if any) of our client's complaint
☐ All adverse actions taken against our client
☐ Communications among decision-makers regarding our client
☐ Comparator employees and their treatment
☐ Policies regarding discrimination, harassment, and retaliation
☐ Training materials on anti-retaliation obligations
☐ Prior complaints of retaliation or discrimination
☐ [EEOC/agency position statement and supporting documents]

Spoliation will result in sanctions and adverse inferences.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Federal Rule of Evidence 408 and applicable state law. This letter and its contents may not be used as evidence except to enforce a settlement agreement.

We are prepared to discuss resolution of this matter at your earliest convenience. Please contact me to arrange a settlement conference.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

[Attorney Signature Block]

Enclosures:
☐ EEOC Right to Sue Notice (if applicable)
☐ EEOC Charge of Discrimination (if applicable)
☐ [OSHA Complaint / Determination] (if applicable)
☐ [State Agency filing] (if applicable)
☐ Authorization to Represent

cc: [Client Name] (via email)
[Co-counsel]
[File]

ATTORNEY NOTES (Do Not Include in Final Letter)

Critical Deadlines by Claim Type

Prima Facie Elements - Retaliation

1. Protected Activity: Opposition or participation
   - Opposition: objectively reasonable belief conduct was unlawful
   - Participation: absolute protection for formal proceedings

2. Adverse Action: Would dissuade a reasonable worker (Burlington Northern standard)

3. Causation:
   - Temporal proximity (how close is enough varies by circuit)
   - Knowledge by decision-makers
   - Pretext evidence

Pretext Evidence to Develop

☐ Shifting explanations for adverse action
☐ Deviation from standard policies
☐ Disparate treatment of comparators
☐ Timing of adverse action
☐ Statements by decision-makers
☐ History of animus toward complainants
☐ Lack of documentation for stated reasons

Special Considerations

☐ "Cat's paw" liability if biased subordinate influenced decision
☐ Third-party retaliation (retaliation against associate of complainant)
☐ Post-employment retaliation (negative references, blacklisting)
☐ Ongoing harassment as retaliation