RETALIATION DEMAND LETTER

Idaho Human Rights Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

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

A. Idaho Human Rights Act (IHRA)

Idaho Code Section 67-5901 et seq. provides anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Idaho Code Section 67-5911 prohibits discrimination against any person because such person has:
- Opposed any practice made unlawful by the IHRA
- Filed a complaint or testified or assisted in any proceeding under the IHRA

Protected Classes: Race, color, religion, sex, national origin, age (40+), disability.

Administrative Exhaustion: A complaint must be filed with the Idaho Human Rights Commission (IHRC) within one (1) year of the alleged violation. Idaho Code Section 67-5907(2).

Remedies under IHRA:
- Reinstatement
- Back pay with interest
- Front pay
- Compensatory damages
- Punitive damages (in appropriate cases)
- Reasonable attorney's fees and costs
- Injunctive relief

B. Idaho Protection of Public Employees Act

Idaho Code Section 6-2101 et seq. provides whistleblower protections for public employees.

Protected Activity:
- Communicating in good faith the existence of waste of public funds, property, or manpower
- Reporting a violation or suspected violation of a law, rule, or regulation
- Communicating in good faith a finding of an audit, review, evaluation, or study

Coverage: Employees of state agencies, political subdivisions, and public schools.

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

Statute of Limitations: One hundred eighty (180) days from the date of the alleged violation. Idaho Code Section 6-2105(1).

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

C. Common Law Wrongful Discharge

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

See Watson v. Idaho Falls Consol. Hosps., Inc., 111 Idaho 44, 720 P.2d 632 (1986) (recognizing public policy exception).

Key Principles:
Idaho courts have recognized that an employer may be held liable for wrongful discharge when the termination violates:
- A statutory provision
- A constitutional provision
- An established public policy

Statute of Limitations: Two (2) years. Idaho Code Section 5-219(4).

D. Workers' Compensation Retaliation

Idaho Code Section 72-1322 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 (IHRA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / national origin / age / disability]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

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

Public Employee Whistleblowing - Idaho Code Section 6-2104
- [ ] Reported waste of public funds, property, or manpower
- [ ] Reported violation or suspected violation of law, rule, or regulation
- [ ] Communicated findings of audit, review, or evaluation

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 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. 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. Idaho 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. Idaho Human Rights Act - Retaliation

Idaho Code Section 67-5911

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

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

B. Idaho Protection of Public Employees Act (If Applicable)

Idaho Code Section 6-2104

If our client is a public employee who communicated waste, violations of law, or audit findings, [Government Entity] has violated Idaho's Protection of Public Employees Act.

CRITICAL NOTE: Public employee whistleblower claims must be filed within 180 days.

C. Wrongful Discharge in Violation of Public Policy

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

See Watson v. Idaho Falls Consol. Hosps., Inc., 111 Idaho 44, 720 P.2d 632 (1986).

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Idaho 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

Idaho law allows 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 Idaho law, punitive damages are available where the employer's conduct was oppressive, fraudulent, wanton, malicious, or outrageous. Idaho Code Section 6-1604.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Idaho 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:
- IHRC filing deadline (1 year): [Date]
- EEOC filing deadline (300 days): [Date]
- Protection of Public Employees Act (180 days): [Date] - SHORT DEADLINE
- Common law wrongful discharge (2 years): [Date]

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

1. Retaliation in violation of the Idaho Human Rights Act, Idaho Code Section 67-5911
2. Violation of the Idaho Protection of Public Employees Act [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 Idaho law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Idaho 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:
- [ ] Idaho Human 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]

IDAHO-SPECIFIC PRACTICE NOTES

One-Year IHRC Filing Deadline: Idaho has a generous one-year filing deadline with the Idaho Human Rights Commission, which is longer than the EEOC's 300-day deadline. However, to preserve federal claims, file with the EEOC within 300 days.

180-Day Public Employee Deadline: The Protection of Public Employees Act has a short 180-day statute of limitations. Public employees must act quickly to preserve whistleblower claims.

Limited Protected Classes: IHRA protects fewer classes than Title VII and does not include sexual orientation or gender identity. Consider federal claims for additional protections.

At-Will Employment: Idaho is a strong at-will employment state. The public policy exception exists but is applied conservatively by Idaho courts.

Punitive Damages Standards: Idaho Code Section 6-1604 governs punitive damages and requires proof by clear and convincing evidence that the defendant acted with oppression, fraud, malice, or outrage.

Worksharing Agreement: The IHRC has a worksharing agreement with the EEOC. Filing with one agency may satisfy the filing requirement with both.

District Court Filing: Idaho employment claims are filed in District Court (not a separate labor or administrative court).

Right-to-Work State: Idaho is a right-to-work state. Consider implications for union-related retaliation claims.