RETALIATION DEMAND LETTER

North Carolina REDA and State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, North Carolina ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[North Carolina 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]
NC DOL Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO N.C.R. EVID. 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 North Carolina law and exposes the Company to substantial liability including 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. NORTH CAROLINA-SPECIFIC LEGAL FRAMEWORK

A. North Carolina Retaliatory Employment Discrimination Act (REDA)

The North Carolina Retaliatory Employment Discrimination Act, N.C. Gen. Stat. Section 95-240 et seq., prohibits retaliation against employees who exercise certain statutory rights.

N.C. Gen. Stat. Section 95-241 - Protected Activities:

No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to:

1. File a claim or complaint, initiate an inquiry, investigation, inspection, proceeding, or other action, or testify or provide information to any person regarding rights under:
   - Workers' Compensation Act (Chapter 97)
   - Wage and Hour Act (Article 2A of Chapter 95)
   - Occupational Safety and Health Act (Article 16 of Chapter 95)
   - Mine Safety and Health Act (Article 19A of Chapter 74)
   - Controlled Substance Examination Regulation Act (Article 20 of Chapter 95)

2. Exercise any right on behalf of an employee under the Wage and Hour Act

3. Comply with the Controlled Substance Examination Regulation Act

Administrative Exhaustion Required: A complaint must be filed with the North Carolina Department of Labor within 180 days of the alleged retaliatory act. N.C. Gen. Stat. Section 95-242(a).

Statute of Limitations: Must file with NC DOL within 180 days; after DOL dismissal or right-to-sue, must file in court within 90 days. N.C. Gen. Stat. Section 95-243(b).

Remedies under REDA (N.C. Gen. Stat. Section 95-243):
- Reinstatement to the same or equivalent position
- Reinstatement of full fringe benefits and seniority rights
- Back pay with interest
- Reasonable attorney's fees and costs
- Note: REDA does NOT provide for punitive damages

B. North Carolina Common Law Wrongful Discharge

North Carolina recognizes common law wrongful discharge in violation of public policy. Coman v. Thomas Mfg. Co., 325 N.C. 172, 381 S.E.2d 445 (1989).

Protected Activity:
- Refusing to violate the law
- Exercising a legal right or duty
- Reporting violations of law

Statute of Limitations: Three (3) years. N.C. Gen. Stat. Section 1-52(1).

Remedies:
- Compensatory damages (economic and non-economic)
- Punitive damages (where defendant acted with malice, willful or wanton conduct, or reckless indifference)
- Attorney's fees (in some circumstances)

C. North Carolina Equal Employment Practices Act

N.C. Gen. Stat. Section 143-422.2 declares it the public policy of North Carolina to protect against discrimination based on race, religion, color, national origin, age, sex, or handicap. While this statute does not create a private right of action, it establishes public policy that can support common law wrongful discharge claims.

D. Additional North Carolina Anti-Retaliation Provisions

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]

Workers' Compensation (REDA)
- [ ] Filed or threatened to file a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Provided information regarding a workers' compensation matter

Wage and Hour (REDA)
- [ ] Filed or threatened to file a wage and hour complaint
- [ ] Complained about unpaid wages or overtime
- [ ] Exercised rights under the Wage and Hour Act
- [ ] Testified in a wage and hour proceeding

Occupational Safety (REDA)
- [ ] Filed or threatened to file an OSHA complaint
- [ ] Reported workplace safety violations
- [ ] Testified in a safety proceeding
- [ ] Refused to work in unsafe conditions

Common Law Public Policy
- [ ] Refused to violate a law, rule, or regulation
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Exercised a legal right or duty

Opposition to Discrimination (Federal Claims)
- [ ] Complained internally about discrimination based on [race / sex / religion / national origin / age / disability]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Filed a Charge of Discrimination with the EEOC

Other Protected Activity
- [ ] Testified in a court proceeding
- [ ] 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 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]

Other Adverse Actions
- [ ] Denied promotion to [Position] on [Date]
- [ ] Excluded from meetings and opportunities
- [ ] 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. North Carolina courts recognize that close temporal proximity supports an inference of causation. See Brewer v. Jefferson-Pilot Standard Life Ins. Co., 145 N.C. App. 550, 552 S.E.2d 176 (2001).

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. North Carolina Retaliatory Employment Discrimination Act (REDA)

N.C. Gen. Stat. Section 95-240 et seq.

Our client engaged in protected activity under REDA by [describe REDA-protected activity], and [Company Short Name] retaliated by [describe adverse action].

Elements of REDA Claim:
1. Employee engaged in protected activity enumerated in N.C. Gen. Stat. Section 95-241
2. Employee suffered an adverse employment action
3. Causal connection between the protected activity and the adverse action
4. Claim filed with NC DOL within 180 days

Good Faith Standard: Under REDA, the employee's complaint need only be made in "good faith" - the employee need not prove an actual violation occurred.

B. North Carolina Common Law Wrongful Discharge

Coman v. Thomas Mfg. Co., 325 N.C. 172, 381 S.E.2d 445 (1989)

Our client's termination for [engaging in protected activity] violates the clear public policy of North Carolina as expressed in [cite specific statutes, constitutional provisions, or regulations].

Elements:
1. Employee was discharged
2. Discharge was in violation of North Carolina public policy
3. Causal connection between protected activity and discharge

Punitive Damages: Available for common law wrongful discharge claims where the employer acted with malice, willful or wanton conduct, or reckless indifference to the employee's rights.

C. Workers' Compensation Retaliation

N.C. Gen. Stat. Section 97-6.1

[If applicable:] North Carolina law specifically prohibits retaliation against employees who exercise their rights under the Workers' Compensation Act.

D. Federal Claims (If Applicable)

• [ ] 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 (Emotional Distress - Common Law Claims)

The retaliation has caused our client severe emotional distress:

• [Describe emotional impact: anxiety, depression, humiliation]
• [Describe physical manifestations]
• [Describe impact on family and relationships]

Note: Emotional distress damages are available for common law wrongful discharge claims but are not expressly provided under REDA.

Compensatory damages: $[Amount]

C. Punitive Damages (Common Law Claims Only)

Note: REDA does NOT provide for punitive damages. However, punitive damages are available for common law wrongful discharge claims where the employer acted with malice, willful or wanton conduct, or reckless indifference.

[Company Short Name]'s conduct was malicious, willful, and undertaken with reckless indifference to our client's rights.

Punitive damages: $[Amount]

D. Attorney's Fees and Costs

North Carolina law provides for recovery of reasonable attorney's fees under REDA. N.C. Gen. Stat. Section 95-243(c).

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:
- REDA 180-day NC DOL filing deadline: [Date]
- Common law 3-year limitations: [Date]
- EEOC filing deadline (if applicable): [Date]

If we do not receive a satisfactory response, we will file suit in [North Carolina General Court of Justice, Superior Court Division, [County] County] asserting:

1. Retaliation in violation of the North Carolina Retaliatory Employment Discrimination Act, N.C. Gen. Stat. Section 95-241
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 North Carolina law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by North Carolina Rule of Evidence 408 and applicable state law.

We are prepared to discuss resolution of this matter at your earliest convenience.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

[Attorney Signature Block]

Enclosures:
- [ ] NC DOL Complaint (if applicable)
- [ ] EEOC Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

NORTH CAROLINA-SPECIFIC PRACTICE NOTES

REDA is Limited in Scope: REDA only covers retaliation for exercising rights under specific statutes (workers' comp, wage and hour, OSHA, etc.). It does not cover discrimination-based retaliation. For discrimination retaliation, rely on federal law or common law wrongful discharge.

No State Anti-Discrimination Law: North Carolina does not have a comprehensive state anti-discrimination statute providing a private right of action. N.C. Gen. Stat. Section 143-422.2 declares policy but does not create private causes of action.

Short Filing Deadline: REDA requires filing with NC DOL within 180 days - this is a short deadline that must be calendared carefully.

No Punitive Damages Under REDA: REDA does not provide for punitive damages, but common law wrongful discharge claims can support punitive damages.

Common Law Claims Important: Given the limitations of REDA, common law wrongful discharge claims are often essential to obtain full relief, including emotional distress damages and punitive damages.

At-Will State: North Carolina is a strong at-will employment state. The public policy exception is recognized but applied narrowly.