RETALIATION DEMAND LETTER

Colorado Anti-Discrimination Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Colorado ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Colorado Attorney Registration 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]
Colorado Civil Rights Division Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO C.R.E. 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 Colorado 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. COLORADO-SPECIFIC LEGAL FRAMEWORK

A. Colorado Anti-Discrimination Act (CADA)

Colo. Rev. Stat. Section 24-34-401 et seq. provides comprehensive anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Colo. Rev. Stat. Section 24-34-402(1)(e) prohibits retaliation against any person who has:
- Opposed any discriminatory or unfair employment practice
- Filed a charge or complaint under CADA
- Testified, assisted, or participated in any investigation or proceeding under CADA

Protected Classes: Disability, race, creed, color, sex, sexual orientation (including transgender status), gender identity, gender expression, religion, age, national origin, ancestry, marital status.

Administrative Exhaustion: A charge must be filed with the Colorado Civil Rights Division (CCRD) within 300 days of the alleged violation. Colo. Rev. Stat. Section 24-34-403(1).

Remedies under CADA:
- Reinstatement
- Back pay with interest
- Front pay
- Compensatory damages (no cap)
- Punitive damages (no cap)
- Reasonable attorney's fees and costs
- Injunctive relief

B. Colorado Whistleblower Protection Act (Public Employees)

Colo. Rev. Stat. Section 24-50.5-101 et seq. provides whistleblower protections for state employees.

Protected Activity:
- Disclosing information about actions of a state agency, whether to an elected official, administrative or legislative body, or the public, which the employee believes is a violation of law or regulation, mismanagement, abuse of authority, or a danger to public health or safety

Remedies:
- Reinstatement
- Back pay with interest
- Restoration of benefits
- Reasonable attorney's fees and costs

Statute of Limitations: One (1) year from the alleged violation.

C. Common Law Wrongful Discharge in Violation of Public Policy

Colorado recognizes the tort of wrongful discharge in violation of public policy.

See Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992) (recognizing public policy exception).

Statute of Limitations: Two (2) years. Colo. Rev. Stat. Section 13-80-102.

D. Lawful Off-Duty Activities Protection

Colo. Rev. Stat. Section 24-34-402.5 prohibits employers from terminating employees for lawful off-duty activities.

E. Workers' Compensation Retaliation

Colo. Rev. Stat. Section 8-14.4-101 prohibits retaliation against employees who file workers' compensation claims or testify in workers' compensation proceedings.

F. Wage Retaliation Protection

Colo. Rev. Stat. Section 8-4-120 prohibits retaliation against employees who file wage complaints or discuss wages.

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]

Opposition to Discrimination/Harassment (CADA)
- [ ] Complained internally about discrimination based on [race / color / creed / religion / sex / sexual orientation / gender identity / gender expression / national origin / ancestry / age / disability / marital status]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

Participation in CADA Proceedings
- [ ] Filed a Charge of Discrimination with the Colorado Civil Rights Division
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in a CCRD or EEOC investigation
- [ ] Testified, assisted, or participated in any CADA proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Whistleblowing (Public Employees)
- [ ] Disclosed violation of law or regulation
- [ ] Reported mismanagement or abuse of authority
- [ ] Reported danger to public health or safety
- [ ] Disclosed information to elected official or legislative body

Reporting Violations to External Agencies
- [ ] Reported violations of law to a government agency
- [ ] Cooperated with a government investigation
- [ ] Filed a complaint with OSHA
- [ ] Reported environmental violations

Exercise of Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Filed a wage complaint
- [ ] Engaged in lawful off-duty activities
- [ ] 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. Colorado courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Anderson v. Coors Brewing Co., 181 F.3d 1171 (10th Cir. 1999) (applying Colorado law).

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. Colorado Anti-Discrimination Act - Retaliation

Colo. Rev. Stat. Section 24-34-402(1)(e)

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

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

B. Wrongful Discharge in Violation of Public Policy

Our client's discharge was wrongful under Colorado 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 Colorado statute, regulation, or constitutional provision].

See Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992).

C. Colorado Whistleblower Protection Act (Public Employees)

Colo. Rev. Stat. Section 24-50.5-103

If our client is a public employee who disclosed information about violations of law, mismanagement, or danger to public health or safety, [Company Short Name] has violated Colorado's Whistleblower Protection Act.

D. Workers' Compensation Retaliation

Colo. Rev. Stat. Section 8-14.4-101

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

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Colorado 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

Colorado law allows recovery of compensatory damages for emotional distress in retaliation cases (no statutory cap):

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

Compensatory damages: $[Amount]

C. Punitive Damages

Under Colorado law, punitive damages are available where the employer's conduct was willful, wanton, or demonstrated reckless disregard for the employee's rights.

Note: Colorado does not cap punitive damages in CADA cases.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Colorado law provides for recovery of reasonable attorney's fees and costs in CADA 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:
- CCRD filing deadline (300 days): [Date]
- EEOC filing deadline (300 days): [Date]
- Common law wrongful discharge (2 years): [Date]
- Public employee whistleblower (1 year): [Date]

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

1. Retaliation in violation of the Colorado Anti-Discrimination Act, Colo. Rev. Stat. Section 24-34-402(1)(e)
2. Wrongful discharge in violation of public policy
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 Colorado law.

IX. CONFIDENTIALITY

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

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

COLORADO-SPECIFIC PRACTICE NOTES

CADA Expanded Protections: Colorado's Anti-Discrimination Act provides broader protections than federal law, including protection based on sexual orientation, gender identity, and gender expression. CADA also has no damage caps.

300-Day Filing Deadline: Colorado has a 300-day filing deadline with the CCRD, which is longer than many states. This is the same as the EEOC deadline.

No Damage Caps: Unlike Title VII, CADA does not cap compensatory or punitive damages, making Colorado a favorable jurisdiction for employment discrimination and retaliation claims.

Worksharing Agreement: The CCRD has a worksharing agreement with the EEOC. Filing with one agency typically satisfies the filing requirement with both.

Lawful Off-Duty Activities: Colorado's unique Lawful Off-Duty Activities statute (Colo. Rev. Stat. Section 24-34-402.5) protects employees from termination for lawful activities outside of work, which can intersect with retaliation claims.

Public Employee Whistleblower: The Colorado Whistleblower Protection Act (Colo. Rev. Stat. Section 24-50.5-101 et seq.) applies only to state employees. Private sector employees must rely on common law wrongful discharge or CADA.

Qui Tam Provisions: Colorado has False Claims Act provisions (Colo. Rev. Stat. Section 25.5-4-306) that protect whistleblowers who report fraud against the state.