RETALIATION DEMAND LETTER

Hawaii Employment Practices Law and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Hawaii ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Hawaii State 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]
Hawaii Civil Rights Commission Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO HRE 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 Hawaii 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. HAWAII-SPECIFIC LEGAL FRAMEWORK

A. Hawaii Employment Practices Law (HEPA)

Haw. Rev. Stat. Section 378-1 et seq. provides comprehensive anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Haw. Rev. Stat. Section 378-2(a)(2) makes it an unlawful discriminatory practice for any employer to:
- Discharge, expel, or otherwise discriminate against any individual because such individual has opposed any practice forbidden by HEPA
- Discharge, expel, or otherwise discriminate against any individual because such individual has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under HEPA

Protected Classes (Extremely Broad): Race, sex (including pregnancy, childbirth, breastfeeding), sexual orientation, gender identity, gender expression, age, religion, color, ancestry, disability, marital status, arrest and court record (with limitations), domestic or sexual violence victim status, National Guard participation, credit history (with limitations), genetic information, reproductive health decisions.

Administrative Exhaustion: A complaint must be filed with the Hawaii Civil Rights Commission (HCRC) within 180 days of the alleged violation. After 90 days, the complainant may request a right-to-sue notice.

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

B. Hawaii Whistleblower Protection Act

Haw. Rev. Stat. Section 378-61 et seq. provides robust whistleblower protections.

Protected Activity:
- Reporting or being about to report to a public body, verbally or in writing, a violation of law, rule, or regulation, waste, fraud, or abuse in connection with any contract or grant, or danger to public health or safety
- Participating in an investigation, hearing, or inquiry by a public body
- Objecting to or refusing to participate in any activity that the employee reasonably believes is a violation of law

Coverage: All employers (private and public sector).

Remedies:
- Reinstatement with back pay
- Compensatory damages (including general and special damages)
- Punitive damages
- Reasonable attorney's fees
- Any other appropriate relief

Statute of Limitations: Two (2) years from the date of the alleged violation. Haw. Rev. Stat. Section 378-64.

C. Common Law Wrongful Discharge

Hawaii recognizes the tort of wrongful discharge in violation of a clear mandate of public policy.

See Parnar v. Americana Hotels, Inc., 65 Haw. 370, 652 P.2d 625 (1982) (recognizing public policy exception).

Statute of Limitations: Two (2) years. Haw. Rev. Stat. Section 657-7.

D. Hawaii Wage and Hour Protections

Haw. Rev. Stat. Section 388-8(b) prohibits retaliation against employees who file wage complaints or testify in wage and hour proceedings.

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 (HEPA)
- [ ] Complained internally about discrimination based on [race / sex / sexual orientation / gender identity / religion / color / ancestry / age / disability / marital status / arrest record / domestic violence victim status / National Guard status / credit history / genetic information / reproductive health]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

Participation in HEPA Proceedings
- [ ] Filed a complaint with the Hawaii Civil Rights Commission
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an investigation
- [ ] Testified or assisted in any HEPA proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Whistleblowing - Haw. Rev. Stat. Section 378-62
- [ ] Reported violation of law, rule, or regulation to a public body
- [ ] Was about to report a violation
- [ ] Reported waste, fraud, or abuse
- [ ] Reported danger to public health or safety
- [ ] Participated in investigation, hearing, or inquiry by public body
- [ ] Refused to participate in activity believed to violate law

Exercise of Other Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Filed a wage complaint
- [ ] Requested Hawaii Family Leave Act or 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. Hawaii courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation.

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. Hawaii Employment Practices Law - Retaliation

Haw. Rev. Stat. Section 378-2(a)(2)

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

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

B. Hawaii Whistleblower Protection Act

Haw. Rev. Stat. Section 378-62

Our client was retaliated against for [reporting / being about to report / participating in an investigation of / refusing to participate in] a violation of law.

C. Wrongful Discharge in Violation of Public Policy

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

See Parnar v. Americana Hotels, Inc., 65 Haw. 370, 652 P.2d 625 (1982).

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Hawaii 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

Hawaii law allows unlimited recovery of compensatory damages for emotional distress in retaliation cases:

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

Compensatory damages: $[Amount]

C. Punitive Damages

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

Note: Hawaii does not cap punitive damages in employment cases.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Hawaii law mandates attorney's fees for prevailing employees in HEPA and Whistleblower Act 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:
- HCRC filing deadline (180 days): [Date]
- EEOC filing deadline (300 days): [Date]
- Whistleblower Protection Act (2 years): [Date]
- Common law wrongful discharge (2 years): [Date]

If we do not receive a satisfactory response, we will file suit in [Hawaii Circuit Court, [First/Second/Third/Fifth] Circuit] asserting:

1. Retaliation in violation of HEPA, Haw. Rev. Stat. Section 378-2(a)(2)
2. Whistleblower retaliation in violation of Haw. Rev. Stat. Section 378-62 [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 Hawaii law.

IX. CONFIDENTIALITY

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

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

HAWAII-SPECIFIC PRACTICE NOTES

Exceptionally Broad Protected Classes: Hawaii's Employment Practices Law provides among the nation's broadest protected classes, including arrest and court record, domestic violence victim status, National Guard participation, credit history, and reproductive health decisions.

No Damage Caps: Hawaii does not cap compensatory or punitive damages in employment cases, making it one of the most favorable jurisdictions for plaintiffs.

Strong Whistleblower Protections: The Hawaii Whistleblower Protection Act (Haw. Rev. Stat. Section 378-61 et seq.) covers both private and public sector employees and has a 2-year statute of limitations.

Mandatory Attorney's Fees: Prevailing employees are entitled to reasonable attorney's fees under HEPA and the Whistleblower Protection Act.

180-Day HCRC Deadline: The filing deadline with the Hawaii Civil Rights Commission is 180 days, which is shorter than many states. Act promptly to preserve claims.

Worksharing Agreement: HCRC has a worksharing agreement with the EEOC. Filing with one agency may satisfy the filing requirement with both, extending the filing period to 300 days for Title VII claims.

Island-Specific Courts: Hawaii has Circuit Courts on multiple islands. Consider venue and practical considerations for litigation in Hawaii's unique geography.

Hawaii Family Leave Act: Hawaii has its own family leave law (Haw. Rev. Stat. Chapter 398) that provides additional protections beyond federal FMLA.