RETALIATION DEMAND LETTER

New York State and City Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, New York ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New York Attorney Registration 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]
NY DHR Charge No.: [XXXXX] (if applicable)
NYC CCHR Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO CPLR 4547

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 York State law, [and New York City 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. NEW YORK-SPECIFIC LEGAL FRAMEWORK

A. New York State Human Rights Law (NYSHRL)

The New York State Human Rights Law, N.Y. Exec. Law Section 290 et seq., provides comprehensive protection against discrimination and retaliation.

N.Y. Exec. Law Section 296(1)(e) & (7) - Anti-Retaliation:

It is an unlawful discriminatory practice to retaliate or discriminate against any person because such person has opposed any practices forbidden under the Human Rights Law or because such person has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law.

Coverage: The NYSHRL applies to all employers in New York State regardless of size. N.Y. Exec. Law Section 292(5).

Protected Classes: Age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex (including pregnancy, childbirth, and related conditions), disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and arrest/conviction record.

Administrative Exhaustion: NOT REQUIRED. Plaintiffs may file directly in court OR file with the New York State Division of Human Rights (DHR) within three (3) years of the discriminatory act. N.Y. Exec. Law Section 297(5), (9).

Statute of Limitations: Three (3) years for court filing. N.Y. Exec. Law Section 297(9).

Remedies under NYSHRL:
- Reinstatement
- Back pay and front pay
- Compensatory damages for emotional distress (uncapped)
- Punitive damages (available against private employers)
- Reasonable attorney's fees and costs
- Civil penalties

B. New York Labor Law Section 740 (Whistleblower Protection)

New York Labor Law Section 740, significantly strengthened by the 2022 amendments, provides broad whistleblower protection.

N.Y. Lab. Law Section 740(2) - Protected Activity:

An employer shall not take any retaliatory action against an employee because the employee:
- Discloses or threatens to disclose an activity, policy, or practice of the employer that the employee reasonably believes is in violation of law, rule, or regulation or that the employee reasonably believes poses a substantial and specific danger to the public health or safety
- Provides information to, or testifies before, any public body conducting an investigation
- Objects to, or refuses to participate in, any such activity, policy, or practice

2022 Amendments - Key Changes:
- Expanded from "law, rule, or regulation" violations only to include any substantial danger to public health or safety
- Eliminated requirement to report internally first (now optional)
- Extended to former employees and independent contractors
- Increased statute of limitations from 1 year to 2 years
- Added punitive damages and front pay as remedies

Statute of Limitations: Two (2) years from the retaliatory action. N.Y. Lab. Law Section 740(4)(a).

Remedies under Section 740:
- Reinstatement with same seniority status
- Back pay with interest
- Front pay
- Compensation for special damages (including litigation costs and attorney's fees)
- Punitive damages (if employer acted with malice or willful disregard)
- Civil penalty up to $10,000

C. New York Labor Law Section 215 (Wage Retaliation)

N.Y. Lab. Law Section 215 prohibits retaliation against employees who complain about wage and hour violations.

Protected Activity:
- Filing a complaint about unpaid wages
- Testifying in a wage-hour proceeding
- Exercising any right under the Labor Law
- Discussing wages with coworkers

Statute of Limitations: Two (2) years. N.Y. Lab. Law Section 215(2)(b).

Remedies:
- Reinstatement
- Lost wages and benefits
- Liquidated damages equal to the lost wages
- Attorney's fees and costs
- Civil penalties

D. New York City Human Rights Law (NYCHRL)

[If applicable to NYC employers:]

The New York City Human Rights Law, N.Y.C. Admin. Code Section 8-107 et seq., is the most protective anti-discrimination law in the nation.

N.Y.C. Admin. Code Section 8-107(7) - Anti-Retaliation:

It is an unlawful discriminatory practice to retaliate against any person because such person has opposed any practice forbidden under the NYCHRL or because such person has filed a complaint, testified, or assisted in any proceeding.

Key Features:
- Must be construed liberally to accomplish remedial purposes
- Lower threshold for harassment claims
- Covers all employers with 4 or more employees
- Independent contractors covered

Statute of Limitations: Three (3) years. N.Y.C. Admin. Code Section 8-502(d).

Remedies under NYCHRL:
- Reinstatement
- Back pay and front pay
- Uncapped compensatory damages
- Uncapped punitive damages
- Reasonable attorney's fees and costs
- Civil penalties up to $250,000 (or $500,000 for willful violations)

E. Additional New York 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 (NYSHRL/NYCHRL)
- [ ] Complained internally about discrimination based on [age / race / sex / sexual orientation / gender identity / disability / national origin / religion / pregnancy / other protected class]
- [ ] 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 (NYSHRL/NYCHRL)
- [ ] Filed a Charge of Discrimination with the NY DHR, NYC CCHR, 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

Whistleblower Activity (Labor Law Section 740)
- [ ] Disclosed to a supervisor or public body an activity reasonably believed to violate law, rule, or regulation
- [ ] Disclosed a substantial and specific danger to public health or safety
- [ ] Threatened to disclose an activity reasonably believed to violate law
- [ ] Provided information to a public body conducting an investigation
- [ ] Objected to or refused to participate in activity believed to violate law
- [ ] Refused to participate in activity posing danger to public health or safety

Wage and Hour Complaints (Labor Law Section 215)
- [ ] Complained about unpaid wages or overtime
- [ ] Filed a wage claim with the Department of Labor
- [ ] Testified in a wage-hour proceeding
- [ ] Discussed wages with coworkers

Healthcare Worker Whistleblowing (Labor Law Section 741)
- [ ] Reported improper quality of patient care
- [ ] Reported violations of health care laws or regulations
- [ ] Reported fraudulent billing practices

Other Protected Activity
- [ ] Filed a workers' compensation claim
- [ ] Exercised rights related to lawful off-duty conduct
- [ ] Made reproductive health decisions
- [ ] 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 or dangerous].

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 York courts recognize that close temporal proximity supports an inference of causation. See Cifra v. Gen. Elec. Co., 252 F.3d 205 (2d Cir. 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. New York State Human Rights Law - Retaliation

N.Y. Exec. Law Sections 296(1)(e) & (7)

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

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

No Administrative Exhaustion Required: The NYSHRL permits direct filing in court within 3 years.

B. New York Labor Law Section 740 - Whistleblower Protection

N.Y. Lab. Law Section 740

Our client disclosed [a violation of law, rule, or regulation / a substantial and specific danger to public health or safety] and [Company Short Name] retaliated by [describe adverse action].

Elements:
1. Employee disclosed or threatened to disclose an activity reasonably believed to violate law OR pose substantial danger to public health or safety
2. Employee suffered an adverse employment action
3. Causal connection between disclosure and adverse action

Punitive Damages Available: Under Section 740(5), punitive damages are available where the employer acted with malice or willful disregard for employee rights.

C. New York Labor Law Section 215 - Wage Retaliation

N.Y. Lab. Law Section 215

[If applicable:] Our client [complained about unpaid wages / filed a wage claim / discussed wages with coworkers], and [Company Short Name] retaliated by [describe adverse action].

Liquidated Damages: Section 215 provides for liquidated damages equal to lost wages, effectively doubling the back pay recovery.

D. New York City Human Rights Law - Retaliation

N.Y.C. Admin. Code Section 8-107(7)

[If applicable:] The NYCHRL prohibits retaliation against employees who oppose discriminatory practices or participate in NYCHRL proceedings.

Liberal Construction: The NYCHRL must be construed broadly in favor of discrimination plaintiffs. Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268 (2d Cir. 2009).

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 (Labor Law Section 215, if applicable)

Under N.Y. Lab. Law Section 215: Back Pay x 1 = $[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]
• [Describe professional reputation harm]

Note: Both the NYSHRL and NYCHRL provide for uncapped compensatory damages for emotional distress.

Compensatory damages: $[Amount]

C. Punitive Damages

New York law permits punitive damages in employment retaliation cases:

• NYSHRL: Available against private employers
• NYCHRL: Available and uncapped
• Labor Law Section 740: Available where employer acted with malice or willful disregard

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

Punitive damages: $[Amount]

D. Civil Penalties

E. Attorney's Fees and Costs

New York law provides for recovery of reasonable attorney's fees in employment retaliation cases under all applicable statutes.

Estimated fees through trial: $[Amount]
Estimated costs: $[Amount]

F. 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:
- NYSHRL statute of limitations (3 years): [Date]
- Labor Law Section 740 (2 years): [Date]
- NYCHRL (3 years, if applicable): [Date]
- EEOC filing deadline (if applicable): [Date]

If we do not receive a satisfactory response, we will file suit in [New York Supreme Court, [County] County / United States District Court, [District] District of New York] asserting:

1. Retaliation in violation of the New York State Human Rights Law, N.Y. Exec. Law Section 296
2. Retaliation in violation of New York Labor Law Section 740
3. Retaliation in violation of the New York City Human Rights Law, N.Y.C. Admin. Code Section 8-107 [if applicable]
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 York law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by CPLR 4547 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:
- [ ] NY DHR Charge (if applicable)
- [ ] NYC CCHR Charge (if applicable)
- [ ] EEOC Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

NEW YORK-SPECIFIC PRACTICE NOTES

No Administrative Exhaustion for NYSHRL: Plaintiffs may file directly in court without filing with the DHR. This is a significant advantage.

2022 Section 740 Amendments: The whistleblower law was significantly strengthened in 2022. Key changes include expanded coverage (any law violation or public health/safety danger), longer statute of limitations (2 years), and availability of punitive damages and front pay.

NYCHRL is More Protective: The NYCHRL must be construed liberally and independently from state and federal law. It provides broader protections and potentially higher damages.

All Employers Covered: The NYSHRL applies to all employers regardless of size (changed in 2019). This is broader than federal law.

Uncapped Damages: New York state and city laws do not cap compensatory or punitive damages, unlike Title VII.

Independent Contractor Coverage: Section 740 was expanded to cover independent contractors.

Liquidated Damages for Wage Retaliation: Section 215 provides liquidated damages equal to lost wages, effectively doubling recovery.