RETALIATION DEMAND LETTER

Connecticut Fair Employment Practices Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Connecticut ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Connecticut Bar 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]
CHRO Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO CONN. CODE EVID. Section 4-8

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 Connecticut 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. CONNECTICUT-SPECIFIC LEGAL FRAMEWORK

A. Connecticut Fair Employment Practices Act (CFEPA)

Conn. Gen. Stat. Section 46a-60 et seq. provides comprehensive anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Conn. Gen. Stat. Section 46a-60(b)(4) makes it a discriminatory practice for any employer to:
- Discharge, expel, or otherwise discriminate against any person because such person has opposed any discriminatory employment practice
- Discharge, expel, or otherwise discriminate against any person because such person has filed a complaint or testified or assisted in any proceeding under CFEPA

Protected Classes: Race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including but not limited to blindness.

Administrative Exhaustion: A complaint must be filed with the Connecticut Commission on Human Rights and Opportunities (CHRO) within 300 days of the alleged violation. Conn. Gen. Stat. Section 46a-82(e). After 180 days, the complainant may request release of jurisdiction to bring suit in Superior Court.

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

B. Connecticut Whistleblower Protection Act

Conn. Gen. Stat. Section 31-51m provides whistleblower protections for private and public employees.

Protected Activity:
- Reporting a violation or suspected violation of any state or federal law or regulation or ordinance to a public body
- Required by law to report to a public body
- Testifying before a public body conducting an investigation, hearing, or inquiry

Coverage: Applies to all employees (private and public sector).

Remedies:
- Reinstatement with back pay
- Restoration of benefits and seniority
- Compensatory damages
- Reasonable attorney's fees and costs
- Punitive damages

Statute of Limitations: Ninety (90) days from the date of the alleged violation. Conn. Gen. Stat. Section 31-51m(b).

IMPORTANT: This is a very short limitations period - act promptly.

C. Common Law Wrongful Discharge

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

See Sheets v. Teddy's Frosted Foods, Inc., 179 Conn. 471, 427 A.2d 385 (1980) (seminal case recognizing public policy exception).

Statute of Limitations: Three (3) years. Conn. Gen. Stat. Section 52-577.

D. Connecticut Free Speech Protections

Conn. Gen. Stat. Section 31-51q protects employees from discipline or discharge for exercising First Amendment rights, as long as such activity does not interfere with job performance or working relationship.

E. Workers' Compensation Retaliation

Conn. Gen. Stat. Section 31-290a prohibits retaliation against employees who file workers' compensation claims.

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 (CFEPA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / sexual orientation / gender identity / national origin / 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 CFEPA Proceedings
- [ ] Filed a complaint with CHRO
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in a CHRO or EEOC investigation
- [ ] Testified or assisted in any CFEPA proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Whistleblowing - Conn. Gen. Stat. Section 31-51m
- [ ] Reported a violation of law to a public body
- [ ] Reported a suspected violation of law to a public body
- [ ] Made a report required by law to a public body
- [ ] Testified before a public body conducting an investigation

Exercise of Free Speech - Conn. Gen. Stat. Section 31-51q
- [ ] Exercised First Amendment rights
- [ ] Engaged in speech on matters of public concern
- [ ] Participated in political activities

Exercise of Other Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Requested FMLA or Connecticut Family and Medical Leave Act leave
- [ ] Complained about wage violations
- [ ] 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. Connecticut courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Ayala v. Allstate Ins. Co., 2018 WL 6523091 (Conn. Super. Ct. 2018).

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. CFEPA - Retaliation

Conn. Gen. Stat. Section 46a-60(b)(4)

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

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

B. Connecticut Whistleblower Protection Act

Conn. Gen. Stat. Section 31-51m

Our client was retaliated against for [reporting / testifying about] a violation or suspected violation of [state law / federal law / regulation / ordinance] to a public body.

CRITICAL NOTE: Whistleblower claims must be filed within 90 days of the alleged violation.

C. Wrongful Discharge in Violation of Public Policy

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

See Sheets v. Teddy's Frosted Foods, Inc., 179 Conn. 471, 427 A.2d 385 (1980).

D. Free Speech Protection

Conn. Gen. Stat. Section 31-51q

Our client was retaliated against for exercising [his/her/their] First Amendment rights.

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Connecticut 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

Connecticut 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 Connecticut law, punitive damages are available where the employer's conduct was intentional, willful, or malicious.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Connecticut law mandates attorney's fees for prevailing employees in CFEPA retaliation cases. Conn. Gen. Stat. Section 46a-104.

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:
- CHRO filing deadline (300 days): [Date]
- EEOC filing deadline (300 days): [Date]
- Whistleblower Act (90 days): [Date] - CRITICAL SHORT DEADLINE
- Common law wrongful discharge (3 years): [Date]

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

1. Retaliation in violation of CFEPA, Conn. Gen. Stat. Section 46a-60(b)(4)
2. Whistleblower retaliation in violation of Conn. Gen. Stat. Section 31-51m [if applicable]
3. Wrongful discharge in violation of public policy
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 Connecticut law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Connecticut Code of Evidence Section 4-8 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:
- [ ] CHRO Complaint (if applicable)
- [ ] EEOC Charge of Discrimination (if applicable)
- [ ] Release of Jurisdiction/Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

CONNECTICUT-SPECIFIC PRACTICE NOTES

90-Day Whistleblower Deadline: The Connecticut Whistleblower Protection Act (Conn. Gen. Stat. Section 31-51m) has an extremely short 90-day statute of limitations. This deadline is strictly enforced. Do not miss this deadline.

CHRO Process: Complaints must be filed with CHRO within 300 days. After 180 days, the complainant can request release of jurisdiction to sue in Superior Court. The CHRO process can be lengthy, so many practitioners request early release.

No Damage Caps: Unlike Title VII, CFEPA does not cap compensatory or punitive damages, making Connecticut a favorable jurisdiction.

Mandatory Attorney's Fees: Prevailing employees are entitled to reasonable attorney's fees under Conn. Gen. Stat. Section 46a-104.

Free Speech Protection: Conn. Gen. Stat. Section 31-51q provides unique protection for employee speech on matters of public concern, extending First Amendment-like protections to private sector employees.

Broad Protected Classes: CFEPA protects more classes than federal law, including gender identity or expression and sexual orientation.

Worksharing Agreement: CHRO has a worksharing agreement with the EEOC. Filing with one agency may satisfy the filing requirement with both, but verify dual-filing status.

Sheets Doctrine: Connecticut's common law wrongful discharge doctrine (Sheets v. Teddy's Frosted Foods) provides an important alternative when statutory remedies are unavailable or have expired.