RETALIATION DEMAND LETTER

Illinois Human Rights Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Illinois ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Illinois ARDC 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]
Illinois Department of Human Rights Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO ILL. R. EVID. 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 Illinois 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. ILLINOIS-SPECIFIC LEGAL FRAMEWORK

A. Illinois Human Rights Act (IHRA)

775 ILCS 5/1-101 et seq. provides comprehensive anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: 775 ILCS 5/6-101(A) makes it a civil rights violation to retaliate against a person because he or she has:
- Opposed that which he or she reasonably and in good faith believes to be unlawful discrimination, sexual harassment, or discrimination based on citizenship status
- Made a charge, filed a complaint, testified, assisted, or participated in any investigation, proceeding, or hearing under IHRA
- Requested or used a reasonable accommodation due to a disability or pregnancy

Protected Classes (Extensive): Race, color, religion, sex (including pregnancy and sexual harassment), national origin, ancestry, age (40+), order of protection status, marital status, physical or mental disability, military status, sexual orientation, gender identity, unfavorable discharge from military service, citizenship status, arrest record, conviction record (with limitations), work authorization status, pregnancy, reproductive health decisions.

Administrative Exhaustion: A charge must be filed with the Illinois Department of Human Rights (IDHR) within 300 days of the alleged violation. 775 ILCS 5/7A-102(A). After 60 days, the complainant may request a right-to-sue notice.

Remedies under IHRA:
- 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. Illinois Whistleblower Act

740 ILCS 174/1 et seq. provides whistleblower protections.

Protected Activity:
- Disclosing information to a government or law enforcement agency which the employee reasonably believes evidences a violation of a State or federal law, rule, or regulation
- Refusing to participate in an activity that would violate a State or federal law, rule, or regulation

Coverage: All employees (public and private sector).

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

Statute of Limitations: Two (2) years from the date of the alleged violation. 740 ILCS 174/30.

C. Illinois Whistleblower Reward and Protection Act

740 ILCS 175/1 et seq. (Illinois False Claims Act) provides additional whistleblower protections for employees who report fraud against the State.

Remedies:
- Reinstatement
- Two times back pay with interest
- Compensatory damages
- Reasonable attorney's fees and costs

D. Common Law Retaliatory Discharge

Illinois recognizes the tort of retaliatory discharge in limited circumstances.

See Kelsay v. Motorola, Inc., 74 Ill. 2d 172, 384 N.E.2d 353 (1978); Palmateer v. Int'l Harvester Co., 85 Ill. 2d 124, 421 N.E.2d 876 (1981).

Key Principles:
Illinois courts recognize retaliatory discharge when:
- The discharge was in retaliation for the employee's activities
- The discharge violates a clear mandate of public policy

Statute of Limitations: Five (5) years. 735 ILCS 5/13-205.

E. Workers' Compensation Retaliation

820 ILCS 305/4(h) prohibits retaliation against employees who exercise rights under the Workers' Compensation Act.

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 / sexual orientation / gender identity / national origin / ancestry / age / disability / military status / marital status / order of protection status / arrest record / citizenship status / pregnancy / reproductive health]
- [ ] Complained internally about sexual harassment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

Participation in IHRA Proceedings
- [ ] Filed a charge with the Illinois Department of Human Rights
- [ ] 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

Request for Accommodation
- [ ] Requested reasonable accommodation for disability
- [ ] Requested reasonable accommodation for pregnancy

Whistleblowing - 740 ILCS 174
- [ ] Disclosed violation of state or federal law to government agency
- [ ] Refused to participate in illegal activity
- [ ] Reported fraud, waste, or abuse

Exercise of Other Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Requested FMLA or Illinois Family Military Leave Act leave
- [ ] Complained about wage violations (Illinois Wage Payment and Collection Act)
- [ ] 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. Illinois courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Stone v. City of Indianapolis Pub. Utils. Div., 281 F.3d 640 (7th Cir. 2002).

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. Illinois Human Rights Act - Retaliation

775 ILCS 5/6-101(A)

IHRA prohibits retaliation against employees who oppose discriminatory practices, participate in IHRA proceedings, or request reasonable accommodations.

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

B. Illinois Whistleblower Act

740 ILCS 174/15

Our client was retaliated against for [disclosing information about illegal activity to a government agency / refusing to participate in illegal activity].

C. Common Law Retaliatory Discharge

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

See Palmateer v. Int'l Harvester Co., 85 Ill. 2d 124, 421 N.E.2d 876 (1981).

D. Workers' Compensation Retaliation (If Applicable)

820 ILCS 305/4(h)

If our client was terminated for exercising rights under the Workers' Compensation Act, [Company Short Name] has violated Illinois's workers' compensation anti-retaliation statute.

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Illinois 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

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

Note: Illinois does not cap punitive damages in IHRA cases.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Illinois law mandates attorney's fees for prevailing employees in IHRA retaliation cases. 775 ILCS 5/8A-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:
- IDHR filing deadline (300 days): [Date]
- EEOC filing deadline (300 days): [Date]
- Whistleblower Act (2 years): [Date]
- Common law retaliatory discharge (5 years): [Date]

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

1. Retaliation in violation of the Illinois Human Rights Act, 775 ILCS 5/6-101(A)
2. Whistleblower retaliation in violation of 740 ILCS 174/15 [if applicable]
3. Common law retaliatory discharge
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 Illinois law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Illinois 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:
- [ ] Illinois Department of Human Rights Charge (if applicable)
- [ ] EEOC Charge of Discrimination (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

ILLINOIS-SPECIFIC PRACTICE NOTES

Extensive Protected Classes: The Illinois Human Rights Act provides among the nation's most extensive protected classes, including sexual orientation, gender identity, arrest record, conviction record, military status, order of protection status, citizenship status, and reproductive health decisions.

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

Mandatory Attorney's Fees: Prevailing employees are entitled to reasonable attorney's fees under 775 ILCS 5/8A-104.

300-Day Filing Deadline: Both the IDHR and EEOC have 300-day filing deadlines. File with IDHR to preserve state claims and cross-file with EEOC to preserve federal claims.

Early Right-to-Sue: After 60 days, complainants may request a right-to-sue notice from IDHR without waiting for investigation completion.

Five-Year Common Law Deadline: Illinois has a generous 5-year statute of limitations for common law retaliatory discharge claims under 735 ILCS 5/13-205.

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

Cook County Considerations: For cases in Cook County, consider whether to file in the Law Division or in the Chicago Human Rights ordinance provides additional protections.

Illinois Wage Payment and Collection Act: 820 ILCS 115/14 prohibits retaliation for wage complaints and provides for attorney's fees.