RETALIATION DEMAND LETTER

Alaska Wrongful Discharge and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Alaska ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Alaska Bar Association 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]
Alaska State Commission for Human Rights Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO ALASKA R. EVID. 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 Alaska law and exposes the Company to substantial liability for compensatory damages, punitive damages, 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. ALASKA-SPECIFIC LEGAL FRAMEWORK

A. Common Law Wrongful Discharge in Violation of Public Policy

Alaska recognizes the implied covenant of good faith and fair dealing in employment relationships, as well as the public policy exception to at-will employment.

Key Legal Principles:

Alaska courts have established that employers may be liable for wrongful discharge when an employee is terminated for:
- Refusing to violate the law
- Exercising a statutory right or privilege
- Performing a public duty (such as jury service)
- Reporting illegal conduct (whistleblowing)

See Mitford v. de Lasala, 666 P.2d 1000 (Alaska 1983); Knight v. Am. Guard & Alert, Inc., 714 P.2d 788 (Alaska 1986).

Implied Covenant of Good Faith and Fair Dealing: Alaska uniquely recognizes a broad implied covenant of good faith and fair dealing in employment contracts, which can provide additional protections beyond the public policy exception. Mitford v. de Lasala, 666 P.2d 1000 (Alaska 1983).

Statute of Limitations: Two (2) years from the date of discharge. Alaska Stat. Section 09.10.070.

Damages Available:
- Lost wages and benefits (back pay and front pay)
- Compensatory damages for emotional distress
- Punitive damages (in appropriate cases)
- Attorney's fees and costs

B. Alaska Whistleblower Protection Act (Public Employees)

Alaska Stat. Section 39.90.100 et seq. provides comprehensive whistleblower protections for public employees.

Protected Activity:
- Reporting a matter of public concern to a public body
- Participating in an investigation, hearing, or inquiry by a public body
- Refusing to participate in an activity that violates law

Coverage: Applies to state and local government employees.

Remedies:
- Injunctive relief
- Reinstatement with back pay
- Compensatory damages
- Reasonable attorney's fees and costs
- Punitive damages up to $10,000

Statute of Limitations: Two (2) years. Alaska Stat. Section 39.90.120.

C. Alaska Human Rights Law

Alaska Stat. Section 18.80.200 et seq. prohibits employment discrimination and retaliation.

Anti-Retaliation Provision: Alaska Stat. Section 18.80.220(a)(4) prohibits retaliation against any person who has opposed discriminatory practices, filed a complaint, testified, or participated in any proceeding under the Human Rights Law.

Administrative Exhaustion: A complaint must be filed with the Alaska State Commission for Human Rights within 180 days of the alleged violation. Alaska Stat. Section 18.80.100.

Remedies under Alaska Human Rights Law:
- Reinstatement
- Back pay with interest
- Compensatory damages (including emotional distress)
- Punitive damages
- Attorney's fees and costs
- Injunctive relief

D. Specific Statutory Whistleblower Protections

1. Workers' Compensation Retaliation: Alaska Stat. Section 23.30.510(a) prohibits retaliation against employees who file workers' compensation claims.

2. Occupational Safety and Health: Alaska Stat. Section 18.60.089 prohibits retaliation against employees who report safety violations.

3. Wage and Hour Complaints: Alaska Stat. Section 23.10.135 prohibits retaliation for wage and hour complaints.

II. 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]

Refusal to Violate Law
- [ ] Refused to participate in illegal activity
- [ ] Refused to violate statutory or regulatory requirements
- [ ] Refused to falsify records or documents
- [ ] Refused to engage in fraudulent conduct

Reporting Violations (Whistleblowing)
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Reported safety violations or hazards
- [ ] Reported fraud or financial misconduct
- [ ] Reported environmental violations

Opposition to Discrimination/Harassment (Alaska Human Rights Law)
- [ ] Complained internally about discrimination based on [race / religion / color / national origin / sex / age / physical or mental disability / marital status / changes in marital status / pregnancy / parenthood]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

Participation in Discrimination Proceedings
- [ ] Filed a Charge of Discrimination with the Alaska State Commission for Human Rights
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in a discrimination investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Exercise of Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Complained about workplace safety
- [ ] Filed a wage and hour complaint
- [ ] Requested FMLA leave
- [ ] 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].

III. 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]
- [ ] 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

Other Adverse Actions
- [ ] Denied promotion to [Position] on [Date]
- [ ] Negative reference provided to prospective employer
- [ ] [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. Alaska courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Era Aviation, Inc. v. Seekins, 973 P.2d 1137 (Alaska 1999).

2. Knowledge

The decision-makers who took adverse action against our client had knowledge of [his/her/their] protected activity.

3. Pattern of Antagonism

Following the protected activity, our client experienced a sudden shift in treatment from positive to hostile.

4. Pretext

The reasons offered by [Company Short Name] for the adverse actions are pretextual.

IV. LEGAL CLAIMS

A. Wrongful Discharge in Violation of Public Policy

Our client's discharge was wrongful under Alaska common law because:

[Select applicable theory]

• [ ] Refusal Theory: Our client was discharged in retaliation for refusing to violate the law by [describe refusal].

• [ ] Reporting Theory: Our client was discharged in retaliation for reporting illegal conduct, specifically [describe violation reported].

• [ ] Exercise of Rights: Our client was discharged for exercising a statutory right, specifically [describe right exercised].

The public policy at issue is established by [cite specific Alaska statute, regulation, or constitutional provision].

Alaska courts have consistently recognized the public policy exception to at-will employment. Knight v. Am. Guard & Alert, Inc., 714 P.2d 788 (Alaska 1986).

B. Breach of Implied Covenant of Good Faith and Fair Dealing

Alaska recognizes that all employment contracts contain an implied covenant of good faith and fair dealing. Mitford v. de Lasala, 666 P.2d 1000 (Alaska 1983).

[Company Short Name] breached this covenant by terminating our client in retaliation for engaging in protected activity.

C. Alaska Human Rights Law - Retaliation

Alaska Stat. Section 18.80.220(a)(4)

The Alaska Human Rights Law prohibits retaliation against employees who oppose discriminatory practices or participate in Human Rights Law proceedings.

Our client [opposed discrimination / filed a complaint / testified / participated in an investigation] and suffered retaliation as a result.

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Alaska claims]

• [ ] Title VII Anti-Retaliation, 42 U.S.C. Section 2000e-3(a)
• [ ] 42 U.S.C. Section 1981 (Race-Based Retaliation)
• [ ] ADA Anti-Retaliation, 42 U.S.C. Section 12203
• [ ] ADEA Anti-Retaliation, 29 U.S.C. Section 623(d)
• [ ] FLSA Anti-Retaliation, 29 U.S.C. Section 215(a)(3)

V. DAMAGES

A. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay

B. Compensatory Damages

Alaska allows recovery of compensatory damages for emotional distress in wrongful discharge and retaliation cases:

• [Describe emotional impact]
• [Describe physical manifestations]
• [Describe impact on daily life]

Compensatory damages: $[Amount]

C. Punitive Damages

Under Alaska law, punitive damages are available where the employer's conduct was outrageous or demonstrated reckless indifference to the employee's rights.

Note: For public employee whistleblower claims under Alaska Stat. Section 39.90.100, punitive damages are capped at $10,000.

Punitive damages: $[Amount]

D. Interest

Pre-judgment and post-judgment interest as provided by Alaska law.

E. Attorney's Fees and Costs

Alaska follows the "English Rule" allowing prevailing parties to recover attorney's fees in civil litigation. Alaska R. Civ. P. 82.

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

F. 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
• [ ] Unemployment: [Company Short Name] will not contest unemployment benefits

VII. RESPONSE DEADLINE

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

Critical Deadlines:
- Common law wrongful discharge (2 years): [Date]
- Alaska Human Rights Commission filing deadline (180 days): [Date]
- EEOC filing deadline (300 days in Alaska): [Date]
- Public employee whistleblower (2 years): [Date]

If we do not receive a satisfactory response, we will file suit in [Alaska Superior Court, [Judicial District]] asserting:

1. Wrongful discharge in violation of public policy
2. Breach of implied covenant of good faith and fair dealing
3. Retaliation in violation of Alaska Stat. Section 18.80.220(a)(4) [if applicable]
4. [Additional claims as applicable]

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, the protected activity, and all adverse actions.

Spoliation of evidence may result in sanctions and adverse inferences under Alaska law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Alaska Rule of Evidence 408 and applicable state law.

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:
- [ ] Alaska State Commission for Human Rights Complaint (if applicable)
- [ ] EEOC Charge of Discrimination (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

cc: [Client Name] (via email)
[File]

ALASKA-SPECIFIC PRACTICE NOTES

Implied Covenant of Good Faith: Alaska is one of the few states recognizing a broad implied covenant of good faith and fair dealing in employment relationships. This provides an additional cause of action beyond the public policy exception. Mitford v. de Lasala, 666 P.2d 1000 (Alaska 1983).

Attorney's Fees: Alaska follows a modified "English Rule" under Civil Rule 82, allowing prevailing parties to recover a portion of attorney's fees. This can be advantageous for plaintiffs but also creates risk.

Alaska Human Rights Commission: The Alaska State Commission for Human Rights (ASCHR) handles discrimination and retaliation claims. Filing with the ASCHR is required before bringing a civil action for Human Rights Law violations.

EEOC Worksharing: Alaska has a worksharing agreement with the EEOC. Filing with the ASCHR within 180 days satisfies the 300-day EEOC filing requirement, and vice versa.

Public Employee Protections: The Alaska Whistleblower Protection Act (Alaska Stat. Section 39.90.100 et seq.) provides robust protections for state and local government employees, including punitive damages up to $10,000.

Remote Employment Considerations: Given Alaska's unique geography and high percentage of remote work arrangements, be aware of jurisdictional issues if the employee worked remotely or in multiple locations.