RETALIATION DEMAND LETTER

North Dakota Human Rights Act and State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, North Dakota ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[North Dakota State Bar ID 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]
ND Department of Labor and Human Rights Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO N.D.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 Dakota 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 DAKOTA-SPECIFIC LEGAL FRAMEWORK

A. North Dakota Human Rights Act (NDHRA)

The North Dakota Human Rights Act, N.D. Cent. Code Section 14-02.4-01 et seq., prohibits employment discrimination and retaliation.

N.D. Cent. Code Section 14-02.4-19 - Anti-Retaliation:

It is a discriminatory practice for a person to discriminate against any individual because that individual has opposed any practice forbidden by the Human Rights Act or because that individual has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act.

Coverage: The NDHRA applies to employers with one (1) or more employees. N.D. Cent. Code Section 14-02.4-02(8). This is broader than federal law.

Protected Classes: Race, color, religion, sex, national origin, age (40+), physical or mental disability, status with respect to marriage or public assistance, and participation in lawful activity off the employer's premises during nonworking hours.

Administrative Exhaustion: A complaint must be filed with the North Dakota Department of Labor and Human Rights within 300 days of the alleged discriminatory or retaliatory act. N.D. Cent. Code Section 14-02.4-19.

Remedies under NDHRA:
- Reinstatement
- Back pay
- Compensatory damages
- Attorney's fees and costs
- Injunctive relief

B. North Dakota Whistleblower Protections

N.D. Cent. Code Section 34-11.1-04 (Wage Claims):

Prohibits retaliation against employees who file wage claims or testify in wage proceedings.

N.D. Cent. Code Section 65-04-33 (Workers' Compensation):

Prohibits retaliation against employees who file workers' compensation claims or exercise their rights under the workers' compensation laws.

Public Employee Protections:

North Dakota provides specific protections for public employees who report violations of law or policy.

C. North Dakota Common Law

North Dakota recognizes the public policy exception to at-will employment. Krein v. Marian Manor Nursing Home, 415 N.W.2d 793 (N.D. 1987).

An employee may bring a wrongful discharge claim when terminated for:
- Refusing to commit an illegal act
- Performing a public duty
- Exercising a legal right

Statute of Limitations: Six (6) years under N.D. Cent. Code Section 28-01-16.

D. Additional North Dakota 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]

Opposition to Discrimination/Harassment (NDHRA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / national origin / age / disability / marital status / public assistance status]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance
- [ ] Opposed discriminatory policies or practices

Participation in Discrimination Proceedings (NDHRA)
- [ ] Filed a Charge of Discrimination with the ND Department of Labor and Human Rights or EEOC
- [ ] Participated in an investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Wage and Hour Complaints
- [ ] Filed or threatened to file a wage claim
- [ ] Complained about unpaid wages
- [ ] Testified in a wage proceeding

Workers' Compensation
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Exercised rights under workers' compensation laws

Common Law Public Policy
- [ ] Refused to commit an illegal act
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Exercised a legal right or duty

Other Protected Activity
- [ ] Served on jury duty
- [ ] Reported safety violations
- [ ] Engaged in protected off-duty activity
- [ ] [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. Courts recognize that close temporal proximity 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. North Dakota Human Rights Act - Retaliation

N.D. Cent. Code Section 14-02.4-19

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

Our client [opposed discrimination / filed a complaint / testified / participated in an investigation], and [Company Short Name] retaliated by [describe adverse action].

Elements:
1. Employee engaged in protected activity under the NDHRA
2. Employee suffered an adverse employment action
3. Causal connection between the protected activity and the adverse action

B. North Dakota Common Law Wrongful Discharge

Krein v. Marian Manor Nursing Home, 415 N.W.2d 793 (N.D. 1987)

North Dakota recognizes a common law cause of action for wrongful termination in violation of public policy.

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

C. Workers' Compensation Retaliation

N.D. Cent. Code Section 65-04-33

[If applicable:] North Dakota law prohibits employers from discharging or discriminating against employees who file workers' compensation claims or exercise their rights under the workers' compensation laws.

D. Wage Claim Retaliation

N.D. Cent. Code Section 34-11.1-04

[If applicable:] North Dakota law prohibits retaliation against employees who file wage claims or testify in wage proceedings.

E. 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)

The retaliation has caused our client severe emotional distress:

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

Compensatory damages: $[Amount]

C. Punitive Damages

Under common law theories, punitive damages may be available where the employer acted with malice, oppression, or reckless disregard for the employee's rights.

Punitive damages: $[Amount]

D. Attorney's Fees and Costs

North Dakota 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:
- NDHRA 300-day filing deadline: [Date]
- Common law 6-year limitations: [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Retaliation in violation of the North Dakota Human Rights Act, N.D. Cent. Code Section 14-02.4-19
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 Dakota law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by North Dakota 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:
- [ ] ND Department of Labor and Human Rights Charge (if applicable)
- [ ] EEOC Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

NORTH DAKOTA-SPECIFIC PRACTICE NOTES

Broad Employer Coverage: The NDHRA applies to employers with just ONE employee, providing much broader coverage than federal law's 15-employee threshold.

Off-Duty Conduct Protection: North Dakota protects employees from retaliation for "participation in lawful activity off the employer's premises during nonworking hours" - a unique protection not found in most states.

Long Common Law Limitations Period: The 6-year statute of limitations for common law claims is longer than most states, providing more flexibility for plaintiffs.

Department of Labor and Human Rights: The ND Department of Labor and Human Rights enforces the NDHRA and has a worksharing agreement with the EEOC.

Agricultural Exemption: Some provisions may not apply to agricultural employers - verify applicability.