RETALIATION DEMAND LETTER

Kentucky Civil Rights Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

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

A. Kentucky Civil Rights Act (KCRA)

Ky. Rev. Stat. Section 344.010 et seq. provides comprehensive anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Ky. Rev. Stat. Section 344.280(1) makes it an unlawful practice to:
- Retaliate or discriminate against any person because such person has opposed any practice declared unlawful by the KCRA
- Retaliate or discriminate against any person because such person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the KCRA

Protected Classes: Race, color, religion, national origin, sex, age (40+), disability, smoking status (off-duty), AIDS/HIV status.

Note: Kentucky law does not protect sexual orientation or gender identity at the state level, though some local ordinances do.

Filing Options: A complaint may be filed with the Kentucky Commission on Human Rights (KCHR) or directly in circuit court within five (5) years of the alleged violation for employment claims. Ky. Rev. Stat. Section 344.450.

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

B. Kentucky Whistleblower Act (Public Employees)

Ky. Rev. Stat. Section 61.101 et seq. provides whistleblower protections for public employees.

Protected Activity:
- Reporting in good faith a suspected violation of law or regulation to an appropriate body or authority
- Participating in investigation of such report

Coverage: Employees of state and local government.

Remedies:
- Reinstatement
- Back pay with interest
- Restoration of benefits
- Reasonable attorney's fees and costs

Statute of Limitations: Initial internal complaint within 90 days; civil action after exhausting administrative remedies.

C. Common Law Wrongful Discharge

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

See Grzyb v. Evans, 700 S.W.2d 399 (Ky. 1985) (recognizing public policy exception).

Key Principles:
Kentucky courts recognize wrongful discharge when:
- The discharge was contrary to a fundamental and well-defined public policy
- The public policy was evidenced by a constitutional or statutory provision

Statute of Limitations: One (1) year for tort claims; five (5) years for contract-based claims. Ky. Rev. Stat. Sections 413.140, 413.120.

D. Workers' Compensation Retaliation

Ky. Rev. Stat. Section 342.197 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 (KCRA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / national origin / age / disability / AIDS-HIV status]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

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

Public Employee Whistleblowing - Ky. Rev. Stat. Section 61.102
- [ ] Reported suspected violation of law or regulation
- [ ] Participated in investigation of such report
- [ ] Refused to carry out 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. Kentucky 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. Kentucky Civil Rights Act - Retaliation

Ky. Rev. Stat. Section 344.280(1)

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

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

B. Kentucky Whistleblower Act (Public Employees)

Ky. Rev. Stat. Section 61.102

If our client is a public employee who reported violations of law in good faith, [Government Agency] has violated Kentucky's whistleblower protections.

C. Wrongful Discharge in Violation of Public Policy

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

See Grzyb v. Evans, 700 S.W.2d 399 (Ky. 1985).

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Kentucky 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

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

Note: Kentucky does not cap punitive damages in KCRA cases.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Kentucky law provides for recovery of reasonable attorney's fees and costs in KCRA retaliation cases. Ky. Rev. Stat. Section 344.450.

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:
- KCRA filing deadline (5 years): [Date]
- EEOC filing deadline (300 days): [Date]
- Public employee whistleblower (90 days initial complaint): [Date]
- Common law wrongful discharge (1 year tort / 5 years contract): [Date]

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

1. Retaliation in violation of the Kentucky Civil Rights Act, Ky. Rev. Stat. Section 344.280(1)
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 Kentucky law.

IX. CONFIDENTIALITY

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

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

KENTUCKY-SPECIFIC PRACTICE NOTES

5-Year KCRA Filing Deadline: Kentucky has an unusually long 5-year statute of limitations for employment discrimination and retaliation claims under the KCRA. This is one of the longest in the nation. However, to preserve federal claims, still file with the EEOC within 300 days.

Direct Court Filing: Kentucky allows KCRA claims to be filed directly in circuit court without first exhausting administrative remedies at the KCHR.

No Damage Caps: Kentucky does not cap compensatory or punitive damages in KCRA cases, making it a favorable jurisdiction for plaintiffs.

Limited Protected Classes: Kentucky does not protect sexual orientation or gender identity at the state level. However, several Kentucky cities (Louisville, Lexington, Covington, Frankfort) have local ordinances providing such protections.

Smoker Protection: Kentucky uniquely prohibits discrimination based on off-duty tobacco use. Ky. Rev. Stat. Section 344.040(1).

Public Employee Whistleblower Short Deadline: The Kentucky Whistleblower Act for public employees has a 90-day initial complaint deadline. This is much shorter than the KCRA deadline.

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

Workers' Compensation Retaliation: Ky. Rev. Stat. Section 342.197 provides specific protections for workers' compensation claimants and is a well-established cause of action.