RETALIATION DEMAND LETTER

Nebraska State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Nebraska ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Nebraska 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]
NEOC Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO NEB. 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 Nebraska law and exposes the Company to substantial liability.

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. NEBRASKA-SPECIFIC LEGAL FRAMEWORK

A. Nebraska Fair Employment Practice Act (NFEPA)

The Nebraska Fair Employment Practice Act, Neb. Rev. Stat. Section 48-1101 et seq., prohibits employment discrimination and retaliation.

Anti-Retaliation Provision: Neb. Rev. Stat. Section 48-1114 prohibits retaliation against any person who has opposed any practice made unlawful by the NFEPA or who has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the NFEPA.

Administrative Exhaustion: A complaint must be filed with the Nebraska Equal Opportunity Commission ("NEOC") within 300 days of the alleged discriminatory or retaliatory act. Neb. Rev. Stat. Section 48-1118(2).

Remedies under NFEPA:
- Reinstatement or hiring
- Back pay with interest
- Compensatory damages
- Attorney's fees and costs
- Injunctive relief

B. Nebraska Whistleblower Protections

1. Public Employees - State Government Accountability Act

Neb. Rev. Stat. Section 81-2701 et seq. protects state employees who report:
- Violations of law, rule, or regulation
- Mismanagement, gross waste of funds, or abuse of authority
- Substantial and specific danger to public health or safety

2. Private Sector Whistleblower Protections

Nebraska provides specific statutory protections for employees who report:

• Safety Violations: Neb. Rev. Stat. Section 48-443 protects employees who report occupational safety and health violations.
• Workers' Compensation: Neb. Rev. Stat. Section 48-139 prohibits retaliation against employees who file workers' compensation claims.
• Healthcare Whistleblowers: Protection for reporting patient care concerns.

3. Common Law Public Policy Exception

Nebraska recognizes the public policy exception to at-will employment, protecting employees who:
- Refuse to perform illegal acts
- Report illegal conduct
- Exercise statutory rights
- See Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003)

C. Statute of Limitations

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 (NFEPA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / disability / national origin / age / marital 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 (NFEPA)
- [ ] Filed a Charge of Discrimination with the NEOC or EEOC
- [ ] Participated in a NEOC or EEOC investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Whistleblower Activity (State Law)
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Reported safety violations or hazards
- [ ] Reported fraud or financial misconduct
- [ ] Refused to participate in illegal activity

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

Other Protected Activity
- [ ] 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 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. Nebraska courts recognize that close temporal proximity supports an inference of causation. See Orr v. Wal-Mart Stores, Inc., 297 F.3d 720 (8th Cir. 2002) (applying Nebraska law).

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 and unsupported by the record.

IV. LEGAL CLAIMS

A. Nebraska Fair Employment Practice Act - Retaliation

Neb. Rev. Stat. Section 48-1114

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

To establish a prima facie case of retaliation under the NFEPA, our client must show: (1) [he/she/they] engaged in protected activity; (2) [he/she/they] suffered an adverse employment action; and (3) a causal connection exists between the protected activity and adverse action.

Our client [opposed discrimination by complaining about [specific conduct] / participated in a NEOC investigation by [specific participation]], suffered [describe adverse action], and the temporal proximity of [X days] establishes causation.

B. Nebraska Common Law Wrongful Discharge - Public Policy Exception

Nebraska recognizes a common law cause of action for wrongful termination in violation of public policy. Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003).

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

The Nebraska Supreme Court has held that an employer may not discharge an employee for:
- Refusing to commit an unlawful act
- Performing a public obligation
- Exercising a statutory right or privilege
- See Ambroz v. Cornhusker Square Ltd., 226 Neb. 899, 416 N.W.2d 510 (1987)

C. Workers' Compensation Retaliation

Neb. Rev. Stat. Section 48-139

[If applicable:] Nebraska law prohibits employers from discharging or discriminating against employees who file workers' compensation claims or exercise their rights under the Nebraska Workers' Compensation Act.

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Nebraska 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 (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

[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

Nebraska law provides for recovery of reasonable attorney's fees in employment retaliation cases under the NFEPA.

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:
- NEOC 300-day filing deadline: [Date]
- Common law statute of limitations: [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Retaliation in violation of the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. Section 48-1114
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 Nebraska law.

IX. CONFIDENTIALITY

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

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

NEBRASKA-SPECIFIC PRACTICE NOTES

NEOC Filing: Claims under the NFEPA must be filed with the Nebraska Equal Opportunity Commission within 300 days. The NEOC has a worksharing agreement with the EEOC.

Public Policy Claims: Nebraska courts have recognized the public policy exception to at-will employment but apply it narrowly. The public policy must be clearly established by statute, constitutional provision, or judicial decision.

At-Will Employment: Nebraska follows the at-will employment doctrine, but recognizes exceptions for public policy violations, implied contracts, and statutory protections.

Workers' Compensation Retaliation: Section 48-139 provides a specific remedy for employees discharged for filing workers' compensation claims. This is separate from NFEPA claims.