RETALIATION DEMAND LETTER

Florida Civil Rights Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Florida ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Florida 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]
Florida Commission on Human Relations Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FLA. STAT. SECTION 90.408

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 Florida 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. FLORIDA-SPECIFIC LEGAL FRAMEWORK

A. Florida Civil Rights Act (FCRA)

Fla. Stat. Section 760.01 et seq. provides anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Fla. Stat. Section 760.10(7) makes it unlawful to discriminate against any person because that person has:
- Opposed any practice which is an unlawful employment practice under the FCRA
- Filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the FCRA

Protected Classes: Race, color, religion, sex, pregnancy, national origin, age, handicap (disability), marital status, AIDS/HIV status.

Administrative Exhaustion: A complaint must be filed with the Florida Commission on Human Relations (FCHR) within 365 days of the alleged violation. Fla. Stat. Section 760.11(1). After 180 days, the complainant may request a right-to-sue notice.

Remedies under FCRA:
- Reinstatement
- Back pay with interest
- Front pay
- Compensatory damages (capped at $100,000)
- No punitive damages
- Reasonable attorney's fees and costs
- Injunctive relief

B. Florida Public Sector Whistleblower Act

Fla. Stat. Section 112.3187 et seq. provides whistleblower protections for public employees.

Protected Activity:
- Disclosing information regarding a violation of law, rule, or regulation which creates substantial and specific danger to public health, safety, or welfare
- Disclosing information regarding acts of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, gross neglect of duty

Coverage: State, county, and municipal employees.

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

Statute of Limitations: One hundred eighty (180) days from the alleged violation. Fla. Stat. Section 112.3187(8)(a).

C. Florida Private Sector Whistleblower Act

Fla. Stat. Section 448.101 et seq. provides whistleblower protections for private sector employees.

Protected Activity:
- Disclosing or threatening to disclose to an appropriate governmental agency an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation
- Providing information to, or testifying before, any appropriate governmental agency conducting an investigation
- Objecting to or refusing to participate in an activity, policy, or practice which is in violation of law

Requirement: The employee must first bring the activity, policy, or practice to the attention of a supervisor or the employer in writing and afford the employer a reasonable opportunity to correct.

Remedies:
- Reinstatement
- Back pay
- Full reinstatement of benefits
- Reasonable attorney's fees and costs
- No compensatory or punitive damages under this Act

Statute of Limitations: Two (2) years from the date of retaliation. Fla. Stat. Section 448.103.

D. Workers' Compensation Retaliation

Fla. Stat. Section 440.205 prohibits retaliation against employees who file workers' compensation claims.

E. Common Law Wrongful Discharge

Florida recognizes a limited public policy exception to at-will employment in specific circumstances.

See Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985).

Statute of Limitations: Four (4) years. Fla. Stat. Section 95.11(3).

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 (FCRA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / pregnancy / national origin / age / disability / marital status / HIV 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 FCRA Proceedings
- [ ] Filed a complaint with the Florida Commission on Human Relations
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an investigation
- [ ] Testified or assisted in any FCRA proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Private Sector Whistleblowing - Fla. Stat. Section 448.102
- [ ] Disclosed violation of law to governmental agency (after written notice to employer)
- [ ] Provided information to governmental agency investigation
- [ ] Refused to participate in illegal activity

Public Sector Whistleblowing - Fla. Stat. Section 112.3187
- [ ] Disclosed violation of law, rule, or regulation
- [ ] Disclosed danger to public health, safety, or welfare
- [ ] Disclosed gross mismanagement, malfeasance, or waste

Exercise of Other Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Requested FMLA leave
- [ ] Complained about wage violations
- [ ] Engaged in concerted activity protected by the NLRA
- [ ] [Other: describe]

B. Timeline of Protected Activity

C. Written Notice to Employer (Required for Private Sector Whistleblower Act)

[If claiming under Fla. Stat. Section 448.102]

On [Date], our client provided written notice to [Company Short Name] regarding [describe the violation] and afforded the Company a reasonable opportunity to correct the activity, policy, or practice.

[Describe the written notice and employer's response or failure to respond]

D. 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. Florida courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Thomas v. Cooper Lighting, Inc., 506 F.3d 1361 (11th Cir. 2007) (applying Florida 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. Florida Civil Rights Act - Retaliation

Fla. Stat. Section 760.10(7)

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

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

B. Florida Private Sector Whistleblower Act

Fla. Stat. Section 448.102

Our client was retaliated against for [disclosing / providing information about / refusing to participate in] a violation of law after providing written notice to the employer.

C. Florida Public Sector Whistleblower Act (If Applicable)

Fla. Stat. Section 112.3187

If our client is a public employee who disclosed information about violations of law or danger to public health and safety, [Agency/Entity] has violated the Florida Public Sector Whistleblower Act.

D. Common Law Wrongful Discharge

Our client's discharge was wrongful under Florida common law because [his/her/their] termination violated a clear mandate of public policy as established by [cite specific Florida statute or constitutional provision].

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Florida 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

Note on FCRA Cap: Compensatory damages under FCRA are capped at $100,000. Fla. Stat. Section 760.11(5).

Under Florida law, compensatory damages for emotional distress:
- [Describe emotional impact]
- [Describe physical manifestations]
- [Describe impact on daily life]

Compensatory damages: $[Amount] (subject to FCRA cap if applicable)

C. Punitive Damages

Note: Punitive damages are not available under the FCRA. However, they may be available under common law claims.

Punitive damages (common law claims only): $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Florida law provides for recovery of reasonable attorney's fees and costs 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:
- FCHR filing deadline (365 days): [Date]
- EEOC filing deadline (300 days): [Date]
- Public Sector Whistleblower (180 days): [Date] - SHORT DEADLINE
- Private Sector Whistleblower (2 years): [Date]
- Common law wrongful discharge (4 years): [Date]

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

1. Retaliation in violation of the Florida Civil Rights Act, Fla. Stat. Section 760.10(7)
2. Whistleblower retaliation in violation of Fla. Stat. Section 448.102 [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 Florida law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Florida Statute Section 90.408 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:
- [ ] Florida Commission on Human Relations Complaint (if applicable)
- [ ] EEOC Charge of Discrimination (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

FLORIDA-SPECIFIC PRACTICE NOTES

FCRA Damage Caps: The Florida Civil Rights Act caps compensatory damages at $100,000 and does not allow punitive damages. Fla. Stat. Section 760.11(5). This is a significant limitation compared to Title VII (which has higher caps) or common law claims (which are uncapped).

365-Day Filing Deadline: FCRA has a longer filing deadline (365 days) than the EEOC (300 days). However, to preserve federal claims, file with the EEOC within 300 days.

Private Sector Whistleblower Written Notice: The Florida Private Sector Whistleblower Act requires employees to first provide written notice to their employer before reporting to a governmental agency. Fla. Stat. Section 448.102(1). Failure to provide written notice may defeat the claim.

Limited Whistleblower Remedies: The Private Sector Whistleblower Act does not provide for compensatory or punitive damages - only reinstatement, back pay, benefits, and attorney's fees.

Public Sector Whistleblower Short Deadline: The Public Sector Whistleblower Act has a very short 180-day statute of limitations. Fla. Stat. Section 112.3187(8)(a).

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

Consider Federal Claims: Given FCRA's damage caps and no punitive damages, consider pursuing parallel Title VII claims in federal court for potentially higher damages.

At-Will Employment: Florida is a strong at-will employment state. The common law public policy exception is narrow and not well-developed compared to other states.