RETALIATION DEMAND LETTER

New Hampshire Whistleblower and State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, New Hampshire ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Hampshire 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]
NH Commission for Human Rights Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO N.H. 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 New Hampshire law and exposes the Company to substantial liability including compensatory damages, liquidated 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. NEW HAMPSHIRE-SPECIFIC LEGAL FRAMEWORK

A. New Hampshire Whistleblowers' Protection Act

The New Hampshire Whistleblowers' Protection Act, RSA 275-E, provides robust protections for employees who report violations of law or refuse to participate in illegal activity.

RSA 275-E:2 - Prohibited Activity:

No employer shall discharge, threaten, or otherwise discriminate against any employee because the employee:

1. Reports or causes to be reported a violation or suspected violation of any law or rule (verbally or in writing) to the employer or a public body
2. Participates in an investigation, hearing, or inquiry conducted by a public body, or in a court action
3. Refuses to execute a directive which in fact violates any law or rule, and the employee has informed the employer that such directive violates the law
4. Objects to or refuses to participate in any activity that the employee reasonably believes is illegal, fraudulent, or in violation of governmental rule or regulation
5. Reports or causes to be reported what the employee has reasonable cause to believe is a criminal act

Key Features:
- Applies to all employers (no minimum employee threshold)
- No requirement that the violation actually exist - good faith, reasonable belief is sufficient
- Protects internal reports to employer as well as external reports to government agencies

Statute of Limitations: Three (3) years from the date of the retaliatory action. RSA 275-E:4.

Remedies under RSA 275-E:
- Reinstatement to the same position or equivalent
- Back pay and lost benefits
- Liquidated damages equal to back pay (effectively doubling back pay)
- Reasonable attorney's fees and costs
- Other compensatory damages
- Injunctive relief

B. New Hampshire Law Against Discrimination

The New Hampshire Law Against Discrimination, RSA 354-A, prohibits employment discrimination and retaliation.

RSA 354-A:19 - Unlawful Discriminatory Practices:

It is an unlawful discriminatory practice to retaliate against any person because such person has opposed any practices forbidden under RSA 354-A or because such person has filed a complaint, testified, or assisted in any proceeding under RSA 354-A.

Administrative Exhaustion: A complaint must be filed with the New Hampshire Commission for Human Rights within 180 days of the alleged discriminatory or retaliatory act. RSA 354-A:21, I.

Remedies under RSA 354-A:
- Reinstatement or hiring
- Back pay
- Compensatory damages for emotional distress
- Attorney's fees and costs
- Civil penalties

C. Additional New Hampshire Protections

D. New Hampshire Common Law

New Hampshire recognizes the public policy exception to at-will employment. Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915, 436 A.2d 1140 (1981). An employee may bring a wrongful discharge claim if termination violates a clear mandate of public policy.

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]

Reporting Violations of Law (RSA 275-E)
- [ ] Reported violations of law or rule to the employer
- [ ] Reported violations to a public body or government agency
- [ ] Reported a criminal act
- [ ] Participated in a government investigation or hearing
- [ ] Testified in a court action or proceeding

Refusal to Participate in Illegal Activity (RSA 275-E)
- [ ] Refused to execute a directive that violates law or rule (after informing employer)
- [ ] Refused to participate in activity reasonably believed to be illegal
- [ ] Objected to illegal or fraudulent activity

Opposition to Discrimination/Harassment (RSA 354-A)
- [ ] Complained internally about discrimination based on [age / sex / race / color / marital status / physical or mental disability / religious creed / national origin / sexual orientation]
- [ ] 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 (RSA 354-A)
- [ ] Filed a Charge of Discrimination with the NH Commission for Human Rights or EEOC
- [ ] Participated in a Commission investigation
- [ ] Testified or provided information in a discrimination proceeding

Workers' Compensation (RSA 281-A:65)
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding

Other Protected Activity
- [ ] Served on jury duty (RSA 275:37-b)
- [ ] Exercised military service rights (RSA 275:62)
- [ ] Requested reasonable accommodation
- [ ] [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]

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. New Hampshire 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. New Hampshire Whistleblowers' Protection Act - RSA 275-E

Our client's claims fall squarely within the protections of the New Hampshire Whistleblowers' Protection Act.

[Select applicable theory]

• [ ] Reporting Theory (RSA 275-E:2, I): Our client reported a violation or suspected violation of law to [the employer / a public body], and was retaliated against as a result.

• [ ] Participation Theory (RSA 275-E:2, II): Our client participated in an investigation, hearing, inquiry, or court action, and was retaliated against as a result.

• [ ] Refusal Theory (RSA 275-E:2, III): Our client refused to execute a directive that violated law, informed the employer of the violation, and was retaliated against as a result.

• [ ] Objection Theory (RSA 275-E:2, IV): Our client objected to or refused to participate in activity that [he/she/they] reasonably believed was illegal, fraudulent, or in violation of governmental rule, and was retaliated against as a result.

Important: Under RSA 275-E:6, employers cannot require employees to sign documents that would limit or waive their rights under the Whistleblowers' Protection Act. Any such provision is void and unenforceable.

B. New Hampshire Law Against Discrimination - RSA 354-A

The RSA 354-A prohibits retaliation against employees who oppose discriminatory practices or participate in discrimination proceedings.

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

C. New Hampshire Common Law Wrongful Discharge

New Hampshire recognizes a common law cause of action for wrongful termination in violation of public policy. Cloutier v. Great Atlantic & Pacific Tea Co., 121 N.H. 915, 436 A.2d 1140 (1981).

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

D. Workers' Compensation Retaliation - RSA 281-A:65

[If applicable:] New Hampshire law prohibits employers from discharging or discriminating against employees who file workers' compensation claims.

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. Liquidated Damages (RSA 275-E Claims)

Under RSA 275-E:4, II, our client is entitled to liquidated damages equal to back pay.

| Liquidated Damages | Equal to Back Pay | $[Amount] |

3. Lost Benefits

4. 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 for willful, wanton, or malicious conduct.

Punitive damages: $[Amount]

D. Attorney's Fees and Costs

New Hampshire law, particularly RSA 275-E:4, II, provides for recovery of reasonable attorney's fees in whistleblower 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:
- RSA 275-E statute of limitations (3 years): [Date]
- NH Commission for Human Rights 180-day filing deadline: [Date]
- EEOC filing deadline (if applicable): [Date]

If we do not receive a satisfactory response, we will file suit in [New Hampshire Superior Court, [County] County] asserting:

1. Whistleblower retaliation in violation of RSA 275-E
2. Retaliation in violation of RSA 354-A
3. Wrongful discharge in violation of public policy
4. [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 New Hampshire law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by New Hampshire 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:
- [ ] NH Commission for Human Rights Charge (if applicable)
- [ ] EEOC Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

NEW HAMPSHIRE-SPECIFIC PRACTICE NOTES

Broad Whistleblower Protection: RSA 275-E is one of the more protective whistleblower statutes in New England, covering reports to employers (not just government agencies) and protecting good faith, reasonable belief reporting.

Liquidated Damages: RSA 275-E provides for liquidated damages equal to back pay, effectively doubling the back pay recovery. This is automatic and not subject to employer's good faith defense.

No Waiver Provision: RSA 275-E:6 prohibits employers from requiring employees to waive whistleblower rights. Any such waiver is void and unenforceable.

Direct Filing: RSA 275-E claims can be filed directly in Superior Court without administrative exhaustion.

Short NHCHR Deadline: The 180-day deadline for filing with the NH Commission for Human Rights is shorter than the EEOC's 300-day deadline in deferral states.

No Minimum Employer Size: RSA 275-E applies to all employers regardless of size.