RETALIATION DEMAND LETTER

Alabama Wrongful Discharge and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Alabama ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Alabama State 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)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO ALA. 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 Alabama 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. ALABAMA-SPECIFIC LEGAL FRAMEWORK

A. Common Law Wrongful Discharge in Violation of Public Policy

Alabama recognizes the tort of wrongful discharge in violation of public policy as an exception to the at-will employment doctrine.

Key Legal Principles:

Alabama courts have recognized that an employer may be held liable for wrongful discharge when an employee is terminated for:
- Refusing to violate a law or legal duty
- Exercising a statutory right
- Reporting an employer's illegal conduct

See Meeks v. Opp Cotton Mills, Inc., 459 So. 2d 814 (Ala. 1984) (establishing public policy exception); Culbreth v. Woodham Plumbing Co., 599 So. 2d 1120 (Ala. 1992).

Statute of Limitations: Two (2) years from the date of discharge for tort claims. Ala. Code Section 6-2-38.

Damages Available:
- Lost wages and benefits (back pay and front pay)
- Compensatory damages for emotional distress
- Punitive damages (where malice is shown)
- Attorney's fees and costs

B. Alabama Whistleblower Protection Act (Public Employees)

The Alabama Whistleblower Protection Act, Ala. Code Section 36-26A-1 et seq., provides protections for state employees.

Protected Activity: Reporting violations of law, rule, or regulation; mismanagement; waste of funds; abuse of authority; or substantial danger to public health or safety.

Coverage: Applies to employees of state agencies, boards, and commissions.

Remedies:
- Reinstatement
- Back pay with interest
- Compensatory damages
- Reasonable attorney's fees and costs

C. Alabama Age Discrimination in Employment Act

Ala. Code Section 25-1-20 et seq. prohibits age discrimination and retaliation against employees who oppose such discrimination.

Anti-Retaliation Provision: Ala. Code Section 25-1-29 prohibits retaliation against any person who has opposed an unlawful employment practice or filed a charge, testified, or participated in any proceeding under the Act.

D. Workers' Compensation Retaliation

Ala. Code Section 25-5-11.1 prohibits retaliation against employees who file workers' compensation claims or testify in workers' compensation proceedings.

Remedies:
- Reinstatement
- Lost wages (back pay)
- Reasonable attorney's fees

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 or Legal Duty
- [ ] Refused to participate in illegal activity
- [ ] Refused to violate statutory or regulatory requirements
- [ ] Refused to falsify records or documents
- [ ] Refused to commit fraud or other unlawful acts

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 healthcare or patient care violations

Opposition to Discrimination/Harassment
- [ ] Complained internally about discrimination based on [race / sex / religion / national origin / 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

Participation in Discrimination Proceedings
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an EEOC 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
- [ ] 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. Alabama courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Sims v. Montgomery Cnty. Comm'n, 766 F. Supp. 1052 (M.D. Ala. 1990).

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 Alabama common law because:

[Select applicable theory]

• [ ] Refusal Theory: Our client was discharged in retaliation for refusing to violate a law or legal duty 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 Alabama statute, regulation, or constitutional provision].

Alabama courts have consistently upheld the public policy exception to at-will employment. Meeks v. Opp Cotton Mills, Inc., 459 So. 2d 814 (Ala. 1984); Harrell v. Reynolds Metals Co., 495 So. 2d 1381 (Ala. 1986).

B. Workers' Compensation Retaliation (If Applicable)

Ala. Code Section 25-5-11.1

If our client was terminated for filing a workers' compensation claim or testifying in a workers' compensation proceeding, [Company Short Name] has violated Alabama's workers' compensation anti-retaliation statute.

C. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Alabama 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

Alabama allows recovery of compensatory damages for emotional distress in wrongful discharge cases:

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

Compensatory damages: $[Amount]

C. Punitive Damages

Under Alabama law, punitive damages are available where the employer's conduct was malicious, oppressive, or demonstrated reckless disregard for the employee's rights.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

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]
- EEOC filing deadline (180 days in Alabama): [Date]
- Workers' compensation retaliation claim: [Date]

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

1. Wrongful discharge in violation of public policy
2. Retaliation in violation of Ala. Code Section 25-5-11.1 (if applicable)
3. [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 Alabama law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Alabama 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:
- [ ] EEOC Charge of Discrimination (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

ALABAMA-SPECIFIC PRACTICE NOTES

At-Will Employment: Alabama is a strong at-will employment state. The public policy exception is recognized but narrowly construed. Claims must be tied to a clear mandate of public policy expressed in statutes, regulations, or the constitution.

No State Civil Rights Agency: Alabama does not have a state civil rights enforcement agency. Federal discrimination claims must be filed with the EEOC within 180 days (Alabama is a non-deferral state).

Public Employee Protections: The Alabama Whistleblower Protection Act (Ala. Code Section 36-26A-1 et seq.) provides specific protections for state employees but does not cover private sector employees.

Workers' Compensation Retaliation: Ala. Code Section 25-5-11.1 provides a specific cause of action for retaliation against employees who file workers' compensation claims. This is a frequently litigated area in Alabama.

Punitive Damages: Alabama allows punitive damages in wrongful discharge cases where malice or reckless disregard is shown. However, punitive damages are subject to constitutional due process limitations.

Venue: Consider strategic venue selection as jury pools and judicial attitudes may vary significantly across Alabama counties.