RETALIATION DEMAND LETTER

Kansas Act Against Discrimination and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Kansas ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Kansas Supreme Court Attorney 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]
Kansas Human Rights Commission Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO KAN. STAT. ANN. SECTION 60-452

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 Kansas 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. KANSAS-SPECIFIC LEGAL FRAMEWORK

A. Kansas Act Against Discrimination (KAAD)

Kan. Stat. Ann. Section 44-1001 et seq. provides anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Kan. Stat. Ann. Section 44-1009(a)(5) makes it an unlawful employment practice to:
- Retaliate or discriminate against any person because such person has opposed any practice declared unlawful by the KAAD
- Retaliate or discriminate against any person because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the KAAD

Protected Classes: Race, religion, color, sex, disability, national origin, ancestry, age (40-70), military status, genetic information.

Note: Kansas law does not protect sexual orientation or gender identity at the state level.

Administrative Exhaustion: A complaint must be filed with the Kansas Human Rights Commission (KHRC) within six (6) months of the alleged violation. Kan. Stat. Ann. Section 44-1005(i).

IMPORTANT: This is an extremely short filing deadline - act immediately.

Remedies under KAAD:
- Reinstatement
- Back pay with interest
- Front pay
- Compensatory damages
- Punitive damages (where willful conduct is shown)
- Reasonable attorney's fees and costs
- Injunctive relief

B. Kansas Whistleblower Act (Public Employees)

Kan. Stat. Ann. Section 75-2973 provides whistleblower protections for state employees.

Protected Activity:
- Disclosing information which the employee reasonably believes evidences a violation of law, rules, or regulations; mismanagement; gross waste of funds; abuse of authority; or substantial danger to public health or safety
- Refusal to obey an illegal order

Coverage: State employees only.

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

Statute of Limitations: Ninety (90) days from the adverse action. Kan. Stat. Ann. Section 75-2973(d).

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

C. Common Law Wrongful Discharge

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

See Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988) (recognizing public policy exception).

Key Principles:
Kansas courts recognize wrongful discharge when:
- The employee was terminated for reporting violations of law
- The discharge violates a well-defined public policy

Statute of Limitations: Two (2) years. Kan. Stat. Ann. Section 60-513(a)(4).

D. Workers' Compensation Retaliation

Kan. Stat. Ann. Section 44-536(a) 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 (KAAD)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / national origin / ancestry / age / disability / military status / 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 KAAD Proceedings
- [ ] Filed a complaint with the Kansas Human Rights Commission
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an investigation
- [ ] Testified or assisted in any KAAD proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Public Employee Whistleblowing - Kan. Stat. Ann. Section 75-2973
- [ ] Disclosed violation of law, rule, or regulation
- [ ] Disclosed mismanagement or gross waste of funds
- [ ] Disclosed abuse of authority
- [ ] Disclosed danger to public health or safety
- [ ] Refused to obey an illegal order

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. Kansas 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. Kansas Act Against Discrimination - Retaliation

Kan. Stat. Ann. Section 44-1009(a)(5)

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

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

B. Kansas Whistleblower Act (Public Employees)

Kan. Stat. Ann. Section 75-2973

If our client is a state employee who disclosed violations of law, mismanagement, or danger to public safety, [Government Agency] has violated Kansas's whistleblower protections.

C. Wrongful Discharge in Violation of Public Policy

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

See Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988).

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Kansas 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

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

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Kansas law provides for recovery of reasonable attorney's fees and costs in KAAD 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:
- KHRC filing deadline (6 months): [Date] - CRITICAL SHORT DEADLINE
- EEOC filing deadline (300 days): [Date]
- Public employee whistleblower (90 days): [Date] - CRITICAL SHORT DEADLINE
- Common law wrongful discharge (2 years): [Date]

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

1. Retaliation in violation of the Kansas Act Against Discrimination, Kan. Stat. Ann. Section 44-1009(a)(5)
2. Wrongful discharge in violation of public policy
3. [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 Kansas law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Kan. Stat. Ann. Section 60-452 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:
- [ ] Kansas 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]

KANSAS-SPECIFIC PRACTICE NOTES

6-Month KHRC Deadline: Kansas has an extremely short 6-month (180 days) filing deadline with the Kansas Human Rights Commission. This is one of the shortest in the nation. Act immediately upon learning of potential claims.

90-Day Whistleblower Deadline: The Kansas Whistleblower Act for public employees has only a 90-day statute of limitations. This is an extremely short deadline.

Limited Protected Classes: Kansas does not protect sexual orientation or gender identity at the state level. Employees must rely on federal protections or local ordinances where available.

Deferral State: Kansas is a deferral state, so the EEOC filing deadline is 300 days. File with KHRC first to preserve state claims (within 6 months), then cross-file with EEOC.

Public Employee Whistleblower Limitations: Kansas's whistleblower statute only covers state employees. Private sector employees must rely on KAAD or common law wrongful discharge.

Common Law Wrongful Discharge: Kansas recognizes the tort of wrongful discharge in violation of public policy, which provides an important alternative when statutory remedies are unavailable or have expired. Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988).

Worksharing Agreement: KHRC has a worksharing agreement with the EEOC. However, due to the different filing deadlines (6 months vs. 300 days), careful attention to timing is essential.