RETALIATION DEMAND LETTER

Georgia Whistleblower and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Georgia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Georgia 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 O.C.G.A. SECTION 24-4-408

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 applicable 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. GEORGIA-SPECIFIC LEGAL FRAMEWORK

A. Georgia Whistleblower Act (Public Employees)

O.C.G.A. Section 45-1-4 provides whistleblower protections for public employees.

Protected Activity:
- Disclosing a violation of or noncompliance with a law, rule, or regulation to a supervisor or government agency
- Disclosing fraud, waste, and abuse in state programs
- Objecting to or refusing to participate in activities constituting fraud, waste, or abuse

Coverage: State employees, employees of counties, municipalities, and other political subdivisions.

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

Statute of Limitations: One (1) year from the date of the alleged retaliatory action. O.C.G.A. Section 45-1-4(d)(1).

B. Common Law Wrongful Discharge

Georgia recognizes a very limited public policy exception to at-will employment.

Key Legal Principles:

Georgia is a strong at-will employment state. However, courts have recognized limited exceptions:
- Discharge for refusing to participate in illegal activity
- Discharge for exercising a statutory right

See Goodroe v. Ga. Power Co., 148 Ga. App. 193, 251 S.E.2d 51 (1978) (recognizing limited exception).

Note: Georgia courts have been reluctant to expand the public policy exception, making this a challenging jurisdiction for common law wrongful discharge claims.

Statute of Limitations: Two (2) years. O.C.G.A. Section 9-3-33.

C. Workers' Compensation Retaliation

O.C.G.A. Section 34-9-17(a) provides a private right of action for retaliation against employees who file workers' compensation claims.

Important: This is one of the stronger statutory protections available to Georgia employees.

D. Federal Anti-Retaliation Laws (Primary Resource for Private Sector)

Because Georgia lacks a comprehensive state civil rights act covering private employers, federal law provides the primary protections:

Title VII of the Civil Rights Act of 1964
- 42 U.S.C. Section 2000e-3(a) prohibits retaliation for opposing discrimination or participating in EEOC proceedings
- 15+ employees required

Americans with Disabilities Act
- 42 U.S.C. Section 12203 prohibits retaliation for ADA-related protected activity
- 15+ employees required

Age Discrimination in Employment Act
- 29 U.S.C. Section 623(d) prohibits retaliation for ADEA-related protected activity
- 20+ employees required

Filing Deadline: 180 days with the EEOC (Georgia is a non-deferral state).

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 (Federal Law)
- [ ] 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 EEOC 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

Public Employee Whistleblowing - O.C.G.A. Section 45-1-4
- [ ] Disclosed violation of law, rule, or regulation
- [ ] Disclosed fraud, waste, or abuse
- [ ] Refused to participate in fraudulent activities
- [ ] Reported to supervisor or government agency

Refusal to Participate in Illegal Activity
- [ ] Refused to participate in illegal activity
- [ ] Refused to violate law, rule, or regulation
- [ ] Refused to falsify records

Exercise of Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Requested FMLA leave
- [ ] Complained about wage violations (FLSA)
- [ ] Reported safety violations (OSHA)
- [ ] 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. Courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Clark Cnty. Sch. Dist. v. Breeden, 532 U.S. 268 (2001).

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. Title VII Anti-Retaliation (Federal)

42 U.S.C. Section 2000e-3(a)

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

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

B. Georgia Whistleblower Act (Public Employees)

O.C.G.A. Section 45-1-4

If our client is a public employee who disclosed violations of law or fraud, waste, or abuse, [Government Entity] has violated Georgia's Whistleblower Act.

C. Workers' Compensation Retaliation

O.C.G.A. Section 34-9-17(a)

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

D. Common Law Wrongful Discharge

Our client's discharge was wrongful under Georgia common law because:

[Select applicable theory]

• [ ] Refusal Theory: Our client was discharged in retaliation for refusing to participate in illegal activity, specifically [describe refusal].

• [ ] Exercise of Rights: Our client was discharged for exercising a statutory right, specifically [describe right exercised].

See Goodroe v. Ga. Power Co., 148 Ga. App. 193, 251 S.E.2d 51 (1978).

E. Other Federal Claims (If Applicable)

• [ ] 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)
• [ ] OSHA Anti-Retaliation, 29 U.S.C. Section 660(c)

V. DAMAGES

A. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay

B. Compensatory Damages

Under applicable law, compensatory damages for emotional distress:

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

Note on Federal Caps: Title VII caps compensatory and punitive damages based on employer size (up to $300,000 for employers with 500+ employees).

Compensatory damages: $[Amount]

C. Punitive Damages

Under Georgia law (O.C.G.A. Section 51-12-5.1) and applicable federal law, punitive damages are available where the employer's conduct was malicious or demonstrated reckless indifference.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Applicable 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:
- EEOC filing deadline (180 days - Georgia is non-deferral state): [Date] - CRITICAL
- Public employee whistleblower (1 year): [Date]
- Common law wrongful discharge (2 years): [Date]
- Workers' compensation retaliation (1 year): [Date]

If we do not receive a satisfactory response, we will file suit in [United States District Court, [Northern/Middle/Southern] District of Georgia] / [Georgia Superior Court, [County] County] asserting:

1. Retaliation in violation of Title VII, 42 U.S.C. Section 2000e-3(a)
2. Georgia Whistleblower Act violation [if applicable]
3. Workers' compensation retaliation [if applicable]
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 applicable law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by O.C.G.A. Section 24-4-408 and applicable 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]

GEORGIA-SPECIFIC PRACTICE NOTES

No State Civil Rights Act for Private Employers: Georgia is one of the few states without a comprehensive state civil rights act covering private employers. Private sector employees must rely primarily on federal law (Title VII, ADA, ADEA) for discrimination and retaliation claims.

180-Day EEOC Deadline: Georgia is a "non-deferral" state, meaning the EEOC filing deadline is only 180 days (not 300 days). This is a critical deadline.

Limited Public Policy Exception: Georgia courts have recognized only a very narrow public policy exception to at-will employment. Common law wrongful discharge claims are difficult to establish in Georgia.

Public Employee Whistleblower: The Georgia Whistleblower Act (O.C.G.A. Section 45-1-4) provides meaningful protections for public employees but does not cover private sector employees.

Workers' Compensation Retaliation: O.C.G.A. Section 34-9-17(a) provides a specific cause of action for workers' compensation retaliation and is one of the stronger statutory protections available in Georgia.

Federal Court Venue: For federal discrimination claims, consider whether the Northern, Middle, or Southern District of Georgia is more favorable based on location and judicial composition.

Consider All Federal Claims: Given the lack of state remedies, thoroughly evaluate all possible federal claims (Title VII, ADA, ADEA, Section 1981, FLSA, OSHA).