RETALIATION DEMAND LETTER

Montana Wrongful Discharge and State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Montana ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Montana 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]
Montana Human Rights Bureau Complaint No.: [XXXXX] (if applicable)
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 Montana law and exposes the Company to substantial liability for compensatory 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. MONTANA-SPECIFIC LEGAL FRAMEWORK

A. Montana Wrongful Discharge from Employment Act (WDEA)

Montana is unique among states in providing statutory protection against wrongful discharge for all employees. The Montana Wrongful Discharge from Employment Act ("WDEA"), Mont. Code Ann. Section 39-2-901 et seq., provides that a discharge is wrongful if it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy.

Key WDEA Provisions:

Under Mont. Code Ann. Section 39-2-904(1)(a), a discharge is wrongful if:
- The discharge was in retaliation for the employee's refusal to violate public policy; or
- The discharge was in retaliation for the employee reporting a violation of public policy.

The WDEA provides the exclusive remedy for wrongful discharge claims in Montana, preempting common law wrongful discharge claims. Mont. Code Ann. Section 39-2-913.

Statute of Limitations: One (1) year from the date of discharge. Mont. Code Ann. Section 39-2-911(1).

Damages under WDEA: Limited to lost wages and fringe benefits for a period not to exceed four (4) years from the date of discharge, together with interest. Punitive damages are not available under the WDEA. Mont. Code Ann. Section 39-2-905(1).

B. Montana Human Rights Act

The Montana Human Rights Act ("MHRA"), Mont. Code Ann. Section 49-2-301 et seq., prohibits discrimination and retaliation based on protected class status.

Anti-Retaliation Provision: Mont. Code Ann. Section 49-2-301 prohibits retaliation against any person who has opposed discriminatory practices or who has filed a complaint, testified, or participated in any proceeding under the MHRA.

Administrative Exhaustion: A complaint must be filed with the Montana Human Rights Bureau within 180 days of the alleged discriminatory or retaliatory act. Mont. Code Ann. Section 49-2-501(4).

Remedies under MHRA:
- Reinstatement
- Back pay with interest
- Compensatory damages for emotional distress
- Attorney's fees and costs
- Injunctive relief

C. Montana Whistleblower Protections

Montana law provides specific whistleblower protections:

1. Public Employees: Mont. Code Ann. Section 2-18-622 prohibits retaliation against state employees who report violations of law, rules, or regulations; mismanagement; gross waste of funds; abuse of authority; or dangers to public health or safety.

2. Private Employees: Protected under the WDEA's public policy exception, which covers employees who report violations of public policy.

3. Specific Industry Protections:
- Healthcare workers reporting patient safety concerns
- Employees reporting environmental violations
- Workers reporting workplace safety violations

D. Definition of "Public Policy" Under Montana Law

Montana courts have broadly interpreted "public policy" to include:
- Constitutional provisions
- Statutes and regulations
- Administrative rules
- See Kestell v. Heritage Health Care Corp., 259 Mont. 518, 858 P.2d 3 (1993)

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 Violate Public Policy (WDEA)
- [ ] 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 Violations of Public Policy (WDEA Whistleblower)
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Reported safety violations or hazards
- [ ] Reported fraud or financial misconduct
- [ ] Reported patient care or healthcare violations

Opposition to Discrimination/Harassment (MHRA)
- [ ] Complained internally about discrimination based on [race / sex / religion / national origin / age / disability / marital status / other protected class]
- [ ] 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 (MHRA)
- [ ] Filed a Charge of Discrimination with the Montana Human Rights Bureau or EEOC
- [ ] Participated in a Human Rights Bureau investigation
- [ ] 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
- [ ] Exercised rights under an employment contract
- [ ] 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. Montana courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Becker v. Rosebud Operating Servs., Inc., 2008 MT 285.

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. Montana Wrongful Discharge from Employment Act (WDEA) - Public Policy Retaliation

Mont. Code Ann. Section 39-2-904(1)(a)

Our client's discharge was wrongful under the WDEA because:

[Select applicable theory]

• [ ] Refusal Theory: Our client was discharged in retaliation for refusing to violate public policy by [describe refusal].

• [ ] Reporting Theory: Our client was discharged in retaliation for reporting a violation of public policy, specifically [describe violation reported].

The public policy at issue is established by [cite specific Montana statute, regulation, or constitutional provision].

Montana courts have held that the WDEA protects employees who report or refuse to participate in violations of statutes, regulations, and constitutional provisions. Kestell v. Heritage Health Care Corp., 259 Mont. 518, 858 P.2d 3 (1993).

B. Montana Human Rights Act - Retaliation

Mont. Code Ann. Section 49-2-301

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

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

Note: MHRA claims are not preempted by the WDEA when the claim is based on discrimination or retaliation related to protected class status. Tonack v. Mont. Bank of Billings, 258 Mont. 247, 854 P.2d 326 (1993).

C. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Montana 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 (Up to 4 Years Total Under WDEA)

Note on WDEA Damage Limitation: Under Mont. Code Ann. Section 39-2-905(1), damages under the WDEA are limited to lost wages and fringe benefits for a period not to exceed four (4) years from the date of discharge.

B. Compensatory Damages (MHRA Claims Only)

For claims under the Montana Human Rights Act, compensatory damages for emotional distress are available:

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

Compensatory damages: $[Amount]

C. Interest

Interest on lost wages and benefits as provided by Mont. Code Ann. Section 39-2-905(1).

D. Attorney's Fees and Costs

Montana law provides for recovery of reasonable attorney's fees in employment retaliation 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:
- WDEA statute of limitations (1 year from discharge): [Date]
- Montana Human Rights Bureau 180-day filing deadline: [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Wrongful discharge in violation of the Montana Wrongful Discharge from Employment Act, Mont. Code Ann. Section 39-2-904(1)(a)
2. Retaliation in violation of the Montana Human Rights Act, Mont. Code Ann. Section 49-2-301 [if applicable]
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 Montana law.

IX. CONFIDENTIALITY

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

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

MONTANA-SPECIFIC PRACTICE NOTES

WDEA Exclusivity: The WDEA provides the exclusive remedy for wrongful discharge claims in Montana, preempting common law wrongful discharge tort claims. However, claims under the Montana Human Rights Act and federal anti-discrimination statutes are not preempted.

Probationary Employees: Probationary employees (first 6 months or longer if specified in writing) may be discharged without cause, but protection against retaliation for reporting violations of public policy still applies. Mont. Code Ann. Section 39-2-904(2).

Internal Grievance Requirement: Before filing a WDEA claim in court, an employee must exhaust any applicable internal grievance procedure if the employer has adopted one and furnished a copy to the employee. Mont. Code Ann. Section 39-2-911(2).

No Punitive Damages: Punitive damages are not available under the WDEA. Mont. Code Ann. Section 39-2-905(2).

Unique "Just Cause" State: Montana is the only state that requires "just cause" for termination of non-probationary employees, making WDEA claims particularly strong for employees who can demonstrate retaliatory motive.