RETALIATION DEMAND LETTER

Nevada State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Nevada ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Nevada 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]
NERC Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO NRS 48.105

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 Nevada law and exposes the Company to substantial liability including compensatory damages, punitive 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. NEVADA-SPECIFIC LEGAL FRAMEWORK

A. Nevada Revised Statutes Chapter 613 - Employment Practices

Nevada Revised Statutes Chapter 613 provides comprehensive employment protections, including anti-retaliation provisions.

NRS 613.340 - General Anti-Retaliation:

NRS 613.340(1) provides that it is unlawful for an employer to discharge, discipline, threaten, discriminate against, or penalize an employee because the employee:
- Has made a good faith report of a violation or suspected violation of law
- Has disclosed information to a government agency
- Has provided information in an investigation
- Has testified in a proceeding concerning violations of law

Statute of Limitations: Two (2) years from the date of the retaliatory action. NRS 613.340(3).

Remedies under NRS 613.340:
- Reinstatement with back pay
- Compensatory damages
- Punitive damages (up to $10,000)
- Attorney's fees and costs
- Injunctive relief

B. Nevada Equal Rights Commission (NERC)

For discrimination-based retaliation claims, the Nevada Equal Rights Commission administers Nevada's anti-discrimination laws.

NRS 613.330 - Unlawful Employment Practices:

NRS 613.330(2) prohibits retaliation against any person who has opposed any practice made unlawful under NRS 613.310-613.435 or who has filed a complaint, testified, assisted, or participated in any investigation, proceeding, or hearing.

Administrative Exhaustion: A complaint must be filed with NERC within 300 days of the alleged discriminatory or retaliatory act. NRS 613.405.

Remedies under NERC:
- Reinstatement or hiring
- Back pay with interest
- Compensatory damages for emotional distress
- Attorney's fees and costs
- Civil penalties

C. Nevada Whistleblower Protection Act

NRS 281.641 (Public Employees):

Nevada law protects state employees who disclose information regarding:
- Violations of state or federal law, regulation, or rule
- Gross mismanagement, waste of funds, or abuse of authority
- Substantial and specific danger to public health or safety

NRS 618.445 (Occupational Safety):

Prohibits retaliation against employees who report occupational safety and health violations or exercise rights under Nevada's occupational safety laws.

D. Additional Nevada Anti-Retaliation Provisions

E. Nevada Common Law

Nevada recognizes common law claims for wrongful discharge in violation of public policy. D'Angelo v. Gardner, 107 Nev. 704, 819 P.2d 206 (1991). Public policy may be found in:
- Constitutional provisions
- Statutes
- Administrative regulations

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 (NRS 613.340)
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Provided information in a government investigation
- [ ] Testified in a proceeding concerning violations of law
- [ ] Refused to participate in illegal activity

Opposition to Discrimination/Harassment (NRS 613.330)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / sexual orientation / gender identity / age / disability / national origin]
- [ ] 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 (NRS 613.330)
- [ ] Filed a Charge of Discrimination with the NERC or EEOC
- [ ] Participated in a NERC or EEOC investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Safety Complaints (NRS 618.445)
- [ ] Reported workplace safety violations
- [ ] Filed an OSHA or Nevada OSHA complaint
- [ ] Refused to work in unsafe conditions
- [ ] Participated in a safety inspection or investigation

Wage and Hour Complaints (NRS 608.140)
- [ ] Complained about unpaid wages
- [ ] Filed a wage claim with the Labor Commissioner
- [ ] Discussed wages with coworkers

Workers' Compensation (NRS 616D.020)
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding

Other Protected Activity
- [ ] Requested reasonable accommodation for disability
- [ ] Requested pregnancy accommodation
- [ ] Exercised domestic violence victim protections
- [ ] [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. Nevada 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 and not supported by the record.

IV. LEGAL CLAIMS

A. NRS 613.340 - Whistleblower Retaliation

Nevada Revised Statutes Section 613.340 prohibits employers from retaliating against employees who report violations of law.

Our client made a good faith report of [describe violation reported] to [describe to whom], and [Company Short Name] retaliated by [describe adverse action].

Elements:
1. Employee made a good faith disclosure of information
2. Disclosure was to a government agency or concerned a violation of law
3. Employer took adverse action against the employee
4. Causal connection between disclosure and adverse action

Remedies Available:
- Reinstatement with back pay
- Compensatory damages
- Punitive damages up to $10,000
- Attorney's fees and costs

B. NRS 613.330 - Discrimination-Based Retaliation

Nevada law prohibits retaliation against employees who oppose discriminatory practices or participate in discrimination proceedings. NRS 613.330(2).

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

C. Nevada Common Law Wrongful Discharge

Nevada recognizes a common law cause of action for wrongful termination in violation of public policy. D'Angelo v. Gardner, 107 Nev. 704, 819 P.2d 206 (1991).

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

D. Additional Statutory Claims

[Include if applicable]

• [ ] NRS 618.445 - Occupational Safety Retaliation
• [ ] NRS 616D.020 - Workers' Compensation Retaliation
• [ ] NRS 608.140 - Wage Claim Retaliation
• [ ] NRS 613.4353 - Pregnancy Accommodation Retaliation

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

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

Under NRS 613.340, punitive damages up to $10,000 are available for whistleblower retaliation. Under common law and other theories, uncapped punitive damages may be available upon showing of oppression, fraud, or malice. NRS 42.005.

Punitive damages: $[Amount]

D. Attorney's Fees and Costs

Nevada law provides for recovery of reasonable attorney's fees in employment retaliation cases. NRS 613.340(2)(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:
- NRS 613.340 statute of limitations (2 years): [Date]
- NERC 300-day filing deadline: [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Retaliation in violation of NRS 613.340
2. Retaliation in violation of NRS 613.330
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 Nevada law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by NRS 48.105 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:
- [ ] NERC Charge (if applicable)
- [ ] EEOC Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

NEVADA-SPECIFIC PRACTICE NOTES

Direct Filing: NRS 613.340 whistleblower claims can be filed directly in court without administrative exhaustion, within 2 years of the adverse action.

NERC Worksharing: NERC has a worksharing agreement with the EEOC. Filing with one agency typically cross-files with the other.

Gaming Industry: Nevada gaming employees may have additional protections under Nevada Gaming Commission regulations.

No Non-Compete Enforcement for Low-Wage Workers: NRS 613.195 prohibits enforcement of non-compete agreements against hourly employees earning less than 1.5 times minimum wage, which may be relevant in retaliation cases involving threatened enforcement.

Sexual Orientation/Gender Identity: Nevada's anti-discrimination law explicitly covers sexual orientation and gender identity or expression. NRS 613.330.