RETALIATION DEMAND LETTER

Michigan Whistleblowers' Protection Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Michigan ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Michigan 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]
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO M.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 Michigan law and exposes the Company to substantial liability for compensatory damages, reinstatement, 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. MICHIGAN-SPECIFIC LEGAL FRAMEWORK

A. Michigan Whistleblowers' Protection Act (WPA)

The Michigan Whistleblowers' Protection Act, Mich. Comp. Laws Section 15.361 et seq., provides comprehensive protection for employees who report or are about to report violations of law.

Key Provisions:

Under Mich. Comp. Laws Section 15.362, an employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:
- The employee reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, unless the employee knows that the report is false; or
- The employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.

Definition of "Public Body": Under Mich. Comp. Laws Section 15.361(d), "public body" includes state officers, employees, agencies, departments, divisions, bureaus, boards, commissions, councils, authorities, local government bodies, law enforcement agencies, and federal agencies.

Statute of Limitations: Ninety (90) days from the occurrence of the alleged violation. Mich. Comp. Laws Section 15.363(1).

CRITICAL NOTE: The 90-day limitations period is extremely short and strictly enforced.

Remedies under WPA:
- Reinstatement with back pay
- Reinstatement of full fringe benefits and seniority rights
- Actual damages
- Reasonable attorney's fees and costs

B. Michigan Elliott-Larsen Civil Rights Act

The Michigan Elliott-Larsen Civil Rights Act ("ELCRA"), Mich. Comp. Laws Section 37.2101 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: Mich. Comp. Laws Section 37.2701 provides that two or more persons shall not conspire to retaliate or discriminate against a person because that person has opposed a violation of the ELCRA, filed a complaint, testified, assisted, or participated in an investigation or proceeding.

Protected Conduct: The ELCRA prohibits retaliation against employees who:
- Oppose discriminatory practices based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status
- File a complaint alleging discrimination
- Testify, assist, or participate in any investigation or proceeding

Statute of Limitations: Three (3) years from the date of the violation. Mich. Comp. Laws Section 600.5805(2).

No Administrative Exhaustion Required: Unlike federal anti-discrimination statutes, ELCRA claims may be filed directly in state court without first filing an administrative charge.

C. Michigan Common Law Public Policy Exception

Michigan recognizes a common law cause of action for wrongful discharge in violation of public policy.

Key Case Law:
- Suchodolski v. Mich. Consol. Gas Co., 412 Mich. 692, 316 N.W.2d 710 (1982) (recognizing public policy exception)
- Clifford v. Cactus Drilling Corp., 419 Mich. 356, 353 N.W.2d 469 (1984) (employee discharged for filing workers' compensation claim)
- Garavaglia v. Centra, Inc., 211 Mich. App. 625, 536 N.W.2d 805 (1995) (discussing scope of public policy claims)

Statute of Limitations: Three (3) years. Mich. Comp. Laws Section 600.5805(2).

D. Specific Whistleblower Protections

Michigan provides additional protections in specific contexts:

1. Healthcare Workers: Mich. Comp. Laws Section 333.20176a (protecting healthcare workers who report quality of care concerns)

2. Public Employees: Additional protections under Civil Service Commission rules

3. Securities Violations: Mich. Comp. Laws Section 451.2604 (protecting whistleblowers who report securities law violations)

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]

Reporting or About to Report Violations (WPA)
- [ ] Reported violations of state law to a public body
- [ ] Reported violations of federal law to a public body
- [ ] Reported violations of local ordinances to a public body
- [ ] Was about to report violations when employer took adverse action
- [ ] Reported suspected violations based on reasonable belief

Participation in Investigation (WPA)
- [ ] Requested by a public body to participate in an investigation
- [ ] Testified before a public body
- [ ] Participated in a hearing or inquiry
- [ ] Participated in a court action

Opposition to Discrimination/Harassment (ELCRA)
- [ ] Complained internally about discrimination based on [religion / race / color / national origin / age / sex / height / weight / familial status / marital 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 Discrimination Proceedings (ELCRA)
- [ ] Filed a civil rights complaint
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Other Protected Activity
- [ ] Filed a workers' compensation claim
- [ ] Reported workplace safety 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. Michigan courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See West v. Gen. Motors Corp., 469 Mich. 177, 186 (2003).

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. Michigan Whistleblowers' Protection Act

Mich. Comp. Laws Section 15.362

Our client is entitled to protection under the Whistleblowers' Protection Act because [he/she/they]:

[Select applicable theory]

• [ ] Reporting Theory: Reported or was about to report a violation or suspected violation of state, federal, or local law to a public body.

• [ ] Participation Theory: Was requested by a public body to participate in an investigation, hearing, inquiry, or court action.

The law or regulation at issue is [cite specific Michigan statute, federal law, or regulation].

The report was made to [identify public body], which qualifies as a "public body" under Mich. Comp. Laws Section 15.361(d).

B. Michigan Elliott-Larsen Civil Rights Act - Retaliation

Mich. Comp. Laws Section 37.2701

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

The protected conduct related to discrimination based on [identify protected class under ELCRA].

C. Common Law Wrongful Discharge

Our client's termination violated the well-established public policy of Michigan as expressed in [cite specific statute or constitutional provision].

See Suchodolski v. Mich. Consol. Gas Co., 412 Mich. 692 (1982).

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Michigan 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

For emotional distress and other non-economic harm:

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

Compensatory damages: $[Amount]

C. Interest

Pre-judgment interest as provided by Michigan law.

D. Attorney's Fees and Costs

Michigan law provides for recovery of reasonable attorney's fees in Whistleblowers' Protection Act cases.

Estimated fees through trial: $[Amount]
Estimated costs: $[Amount]

E. 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:
- WPA 90-day statute of limitations: [Date] (CRITICAL - EXTREMELY SHORT)
- ELCRA statute of limitations (3 years): [Date]
- EEOC filing deadline (if applicable): [Date]

If we do not receive a satisfactory response, we will file suit in [Michigan Circuit Court, [County] County] or [United States District Court, Eastern/Western District of Michigan] asserting:

1. Violation of the Michigan Whistleblowers' Protection Act, Mich. Comp. Laws Section 15.362
2. Retaliation in violation of the Elliott-Larsen Civil Rights Act, Mich. Comp. Laws Section 37.2701 [if applicable]
3. Common law 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 Michigan law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Michigan 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:
- [ ] EEOC Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

MICHIGAN-SPECIFIC PRACTICE NOTES

CRITICAL 90-DAY LIMITATIONS PERIOD: The Michigan Whistleblowers' Protection Act has an exceptionally short 90-day statute of limitations. This is one of the shortest in the nation and is strictly enforced. Practitioners must act immediately upon learning of potential WPA claims.

"Public Body" Requirement: The WPA requires that reports be made to a "public body" as defined in the statute. Internal reports to management generally do not qualify unless the employer is itself a public body. This is a critical distinction from many other states' whistleblower statutes.

"About to Report" Protection: Uniquely, the WPA protects employees who are "about to report" violations, even if they have not yet made the report. This provides protection at the earliest stages of whistleblowing activity.

No Punitive Damages Under WPA: The WPA does not authorize punitive damages. However, compensatory damages for emotional distress may be available.

ELCRA Direct Filing: Unlike federal anti-discrimination statutes, claims under the Elliott-Larsen Civil Rights Act may be filed directly in court without first filing an administrative charge with the EEOC or a state agency.

Height and Weight Protection: Michigan is one of the few states that prohibits discrimination based on height and weight, making ELCRA protections broader than most states.