RETALIATION DEMAND LETTER

Arizona Employment Protection Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Arizona ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Arizona 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 ARIZ. 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 Arizona law and exposes the Company to substantial liability for compensatory 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. ARIZONA-SPECIFIC LEGAL FRAMEWORK

A. Arizona Employment Protection Act (EPA)

The Arizona Employment Protection Act, Ariz. Rev. Stat. Section 23-1501, codifies the public policy exception to at-will employment.

Key Provisions:

Under Ariz. Rev. Stat. Section 23-1501(A)(3)(c), an employer may not terminate an employee in retaliation for:
- The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or to a public body
- The employee's refusal to commit an act that violates the Constitution of Arizona or the statutes of this state

Statute of Limitations: One (1) year from the date of termination. Ariz. Rev. Stat. Section 12-541.

Damages under EPA:
- Reinstatement
- Back pay and lost benefits
- No punitive damages under EPA
- No emotional distress damages under EPA

See Wagenseller v. Scottsdale Mem'l Hosp., 147 Ariz. 370, 710 P.2d 1025 (1985) (seminal case recognizing public policy exception).

B. Arizona Civil Rights Act (ACRA)

Ariz. Rev. Stat. Section 41-1461 et seq. prohibits employment discrimination and retaliation.

Anti-Retaliation Provision: Ariz. Rev. Stat. Section 41-1464 prohibits retaliation against any person who has opposed discriminatory practices or filed a charge, testified, or participated in any proceeding under the ACRA.

Protected Classes: Race, color, religion, sex, national origin, age (40+), disability, genetic information.

Administrative Exhaustion: A charge must be filed with the EEOC or Arizona Attorney General's Civil Rights Division within 180 days of the alleged violation.

Remedies under ACRA:
- Reinstatement
- Back pay with interest
- Compensatory damages
- Punitive damages (subject to Title VII caps)
- Attorney's fees and costs

C. Whistleblower Protection for Public Employees

Ariz. Rev. Stat. Section 38-531 et seq. provides whistleblower protections for state employees.

Protected Activity:
- Disclosure of information reasonably believed to evidence violation of law, mismanagement, waste of funds, abuse of authority, or danger to public health or safety
- Refusal to obey an order that would require a violation of law

Remedies:
- Reinstatement
- Back pay
- Restoration of benefits
- Reasonable attorney's fees

D. Workers' Compensation Retaliation

Ariz. Rev. Stat. Section 23-1501(A)(3)(c)(iv) prohibits retaliation against employees who exercise rights under the workers' compensation laws.

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]

Disclosure of Violations (EPA Whistleblower)
- [ ] Disclosed violations of Arizona Constitution or statutes to employer/supervisor
- [ ] Disclosed violations to a public body
- [ ] Disclosed reasonable belief of ongoing or future violations
- [ ] Reported illegal conduct to a government agency

Refusal to Violate Law (EPA)
- [ ] Refused to participate in illegal activity
- [ ] Refused to violate Arizona Constitution or statutes
- [ ] Refused to falsify records or documents
- [ ] Refused to engage in fraudulent conduct

Opposition to Discrimination/Harassment (ACRA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / national origin / age / disability / genetic information]
- [ ] 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 (ACRA)
- [ ] Filed a Charge of Discrimination with the EEOC or Arizona Attorney General
- [ ] Participated in an 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
- [ ] 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. Arizona courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Huffman v. Ace Elec. Co., 883 F. Supp. 1469 (D. Ariz. 1995).

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. Arizona Employment Protection Act - Whistleblower Retaliation

Ariz. Rev. Stat. Section 23-1501(A)(3)(c)(ii)

Our client's discharge was wrongful under the EPA because:

[Select applicable theory]

• [ ] Disclosure Theory: Our client was discharged in retaliation for disclosing in a reasonable manner a violation of the Arizona Constitution or statutes, specifically [describe disclosure].

• [ ] Refusal Theory: Our client was discharged in retaliation for refusing to commit an act that would violate the Arizona Constitution or statutes, specifically [describe refusal].

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

See Wagenseller v. Scottsdale Mem'l Hosp., 147 Ariz. 370, 710 P.2d 1025 (1985).

B. Arizona Civil Rights Act - Retaliation

Ariz. Rev. Stat. Section 41-1464

The ACRA prohibits retaliation against employees who oppose discriminatory practices or participate in ACRA proceedings.

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

C. Common Law Wrongful Discharge

To the extent not preempted by the EPA, our client asserts a common law claim for wrongful discharge in violation of public policy.

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Arizona 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

Note on EPA Damage Limitation: Under the Employment Protection Act, damages are generally limited to lost wages and benefits. Emotional distress and punitive damages are not available under the EPA.

B. Compensatory Damages (ACRA/Common Law Claims Only)

For claims under the Arizona Civil Rights Act or common law, compensatory damages for emotional distress are available:

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

Compensatory damages: $[Amount]

C. Punitive Damages (ACRA Claims)

For ACRA claims, punitive damages are available subject to Title VII caps based on employer size.

D. Interest

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

E. Attorney's Fees and Costs

Arizona law provides for recovery of reasonable attorney's fees in employment retaliation cases.

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:
- Employment Protection Act (1 year from termination): [Date]
- EEOC filing deadline (180 days): [Date]
- Arizona Attorney General filing deadline (180 days): [Date]

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

1. Wrongful termination in violation of the Arizona Employment Protection Act, Ariz. Rev. Stat. Section 23-1501(A)(3)(c)
2. Retaliation in violation of the Arizona Civil Rights Act, Ariz. Rev. Stat. Section 41-1464 [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 Arizona law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Arizona 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]

ARIZONA-SPECIFIC PRACTICE NOTES

Employment Protection Act Codification: The Arizona Employment Protection Act (Ariz. Rev. Stat. Section 23-1501) codified the Wagenseller public policy exception but also limited its application. Claims must fit within the statutory framework.

"Reasonable Manner" Requirement: For EPA whistleblower claims, the disclosure must be made in a "reasonable manner." This typically means reporting first to the employer before going to outside agencies, unless the employer is complicit or reporting internally would be futile.

Limited Damages Under EPA: The EPA significantly limits damages to lost wages and benefits. It does not provide for emotional distress or punitive damages. Consider pursuing parallel claims under ACRA or common law for full damages.

Short Statute of Limitations: Arizona has a one-year statute of limitations for wrongful termination claims (Ariz. Rev. Stat. Section 12-541). This is shorter than many other states.

Arizona Civil Rights Division: The Arizona Attorney General's Civil Rights Division handles ACRA claims and has a worksharing agreement with the EEOC.

Right-to-Work State: Arizona is a right-to-work state. Consider implications for union-related retaliation claims.

Arbitration Agreements: Arizona courts generally enforce arbitration agreements. Review any employment agreement for mandatory arbitration provisions.