RETALIATION DEMAND LETTER

Mississippi Public Policy Exception and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Mississippi ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Mississippi 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 Mississippi 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. MISSISSIPPI-SPECIFIC LEGAL FRAMEWORK

A. Mississippi Common Law Public Policy Exception (McArn Doctrine)

Mississippi recognizes a common law cause of action for wrongful discharge in violation of public policy, established in the landmark case of McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603 (Miss. 1993).

Key Holdings from McArn:

The Mississippi Supreme Court recognized that an at-will employee may bring a wrongful discharge claim when:
- The employee is discharged for refusing to participate in an illegal act; or
- The employee is discharged for reporting illegal acts of the employer to the employer or anyone else.

Expansion of the Doctrine:

Subsequent cases have clarified the scope of the McArn doctrine:

• Wheeler v. BL Dev. Corp., 415 F.3d 399 (5th Cir. 2005) (applying Mississippi law, confirming McArn protections)
• Willard v. Paracelsus Health Care Corp., 681 So. 2d 539 (Miss. 1996) (applying McArn to healthcare context)
• DeCarlo v. Bonus Stores, Inc., 989 So. 2d 351 (Miss. 2008) (discussing scope of public policy exception)

Statute of Limitations: Three (3) years for tort claims. Miss. Code Ann. Section 15-1-49.

Available Remedies:
- Compensatory damages (back pay, front pay, benefits)
- Damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees (in some circumstances)

B. Workers' Compensation Retaliation

Mississippi provides specific statutory protection against retaliation for filing workers' compensation claims.

Miss. Code Ann. Section 71-3-53: No employer shall discharge or discriminate against an employee for filing a workers' compensation claim or testifying in a workers' compensation proceeding.

Statute of Limitations: One (1) year from the date of discharge. Miss. Code Ann. Section 71-3-53.

Remedies:
- Reinstatement
- Back pay
- Restoration of benefits
- Attorney's fees and costs

C. Specific Statutory Protections

Mississippi has limited specific whistleblower protections:

1. Public Employees: Miss. Code Ann. Section 25-9-171 et seq. (Mississippi Whistleblower Protection Act for public employees)

2. Medicaid Fraud: Miss. Code Ann. Section 43-13-211 (protection for reporting Medicaid fraud)

3. Financial Institution Employees: Miss. Code Ann. Section 81-1-121 (protection for bank employees who report violations)

D. Federal Whistleblower Protections

In the absence of comprehensive state whistleblower protection, federal statutes provide important protections:

1. Sarbanes-Oxley Act (SOX): 18 U.S.C. Section 1514A (publicly traded companies)

2. Dodd-Frank Act: 15 U.S.C. Section 78u-6 (securities violations)

3. OSHA Whistleblower Provisions: Various industry-specific protections

4. False Claims Act: 31 U.S.C. Section 3730(h) (qui tam protections)

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]

Refusal to Participate in Illegal Activity (McArn Doctrine)
- [ ] Refused to participate in illegal activity
- [ ] Refused to violate statutory or regulatory requirements
- [ ] Refused to falsify records or documents
- [ ] Refused to engage in fraudulent conduct

Reporting Illegal Activity (McArn Doctrine)
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Reported safety violations or hazards
- [ ] Reported fraud or financial misconduct
- [ ] Reported environmental violations

Workers' Compensation Retaliation (Section 71-3-53)
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Assisted a co-worker with a workers' compensation claim

Opposition to Discrimination/Harassment (Federal Law)
- [ ] 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

Participation in Discrimination Proceedings (Federal Law)
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an EEOC investigation
- [ ] Testified or provided information in a discrimination proceeding

Other Protected Activity
- [ ] Reported violations under federal whistleblower statutes
- [ ] 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. Mississippi courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603, 607 (Miss. 1993).

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. Common Law Wrongful Discharge - Public Policy Exception (McArn Doctrine)

Our client is entitled to protection under Mississippi's public policy exception because:

[Select applicable theory]

• [ ] Refusal Theory: Our client was discharged for refusing to participate in an illegal act as prohibited by [cite specific statute or regulation].

• [ ] Reporting Theory: Our client was discharged for reporting illegal acts of the employer, specifically [describe the illegal conduct reported].

As established in McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603 (Miss. 1993), Mississippi recognizes a cause of action for wrongful discharge when an employee is terminated for refusing to participate in illegal activity or for reporting illegal activity.

The public policy at issue is established by [cite specific Mississippi statute, federal law, or regulation].

B. Workers' Compensation Retaliation

Miss. Code Ann. Section 71-3-53

Our client was discharged or discriminated against for [filing a workers' compensation claim / testifying in a workers' compensation proceeding].

C. Federal Anti-Discrimination Retaliation (If Applicable)

[Include if federal claims are being asserted]

• [ ] 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)

D. Federal Whistleblower Claims (If Applicable)

[Include if federal whistleblower claims are being asserted]

• [ ] Sarbanes-Oxley Act, 18 U.S.C. Section 1514A
• [ ] Dodd-Frank Act, 15 U.S.C. Section 78u-6
• [ ] False Claims Act, 31 U.S.C. Section 3730(h)
• [ ] [Other federal whistleblower statute]

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. Punitive Damages

For egregious and willful conduct:

Punitive damages: $[Amount]

See Life & Cas. Ins. Co. of Tenn. v. Bristow, 529 So. 2d 620 (Miss. 1988) (discussing punitive damages standards in Mississippi).

D. Interest

Pre-judgment interest as provided by Mississippi law.

E. Attorney's Fees and Costs

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:
- Common law claims statute of limitations (3 years): [Date]
- Workers' compensation retaliation (1 year): [Date]
- EEOC filing deadline (180 days): [Date]

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

1. Common law wrongful discharge in violation of public policy (McArn doctrine)
2. Workers' compensation retaliation, Miss. Code Ann. Section 71-3-53 [if applicable]
3. [Federal 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 Mississippi law.

IX. CONFIDENTIALITY

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

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

MISSISSIPPI-SPECIFIC PRACTICE NOTES

Limited Statutory Protection: Mississippi has no comprehensive whistleblower protection statute for private-sector employees. Protection comes primarily through the common law McArn doctrine. This means practitioners must carefully frame claims around the refusal to participate in illegal activity or reporting of illegal activity.

McArn Doctrine Requirements: The McArn public policy exception requires that the employee either (1) refused to participate in an illegal act, or (2) reported illegal acts to the employer or anyone else. The conduct complained of must be actually illegal, not merely unethical or against company policy.

At-Will Employment: Mississippi strongly adheres to the at-will employment doctrine. The McArn exception is narrowly construed, and courts require a clear connection to illegal activity.

Public Employee Protections: Public employees have greater protections under the Mississippi Whistleblower Protection Act, Miss. Code Ann. Section 25-9-171 et seq.

Federal Claims Often Necessary: Due to limited state law protections, practitioners should carefully evaluate whether federal whistleblower statutes (SOX, Dodd-Frank, OSHA whistleblower provisions) may apply to provide additional protection.

Workers' Compensation Retaliation: The one-year statute of limitations for workers' compensation retaliation claims is strictly enforced. This is a significant statutory protection that should not be overlooked.

Punitive Damages: Mississippi allows punitive damages in tort cases, including wrongful discharge, when the defendant's conduct is egregious. This can significantly enhance recovery in appropriate cases.