RETALIATION DEMAND LETTER

Ohio Whistleblower Protection and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Ohio ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Ohio Supreme Court 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]
OCRC Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO OHIO 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 Ohio law and exposes the Company to substantial liability for 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. OHIO-SPECIFIC LEGAL FRAMEWORK

A. Ohio Whistleblower Protection Act

The Ohio Whistleblower Protection Act, Ohio Rev. Code Section 4113.52, provides protection for employees who report violations of law.

Key Provisions:

Under Ohio Rev. Code Section 4113.52(A), if an employee becomes aware in the course of employment of a violation of any state or federal statute, or any ordinance or regulation of a political subdivision, that the employee reasonably believes is a criminal offense likely to cause an imminent risk of physical harm to persons or a hazard to public health or safety, a felony, or an improper solicitation for a contribution, the employee shall:

1. Orally notify the employee's supervisor or other responsible officer of the employer of the violation; and
2. Subsequently file a written report that provides sufficient detail to identify and describe the violation.

Protection Against Retaliation: Ohio Rev. Code Section 4113.52(B) prohibits employers from taking disciplinary or retaliatory action against an employee who makes a report under the statute.

Statute of Limitations: 180 days from the date of the disciplinary or retaliatory action. Ohio Rev. Code Section 4113.52(D).

CRITICAL NOTE: The 180-day limitations period is short and strictly enforced.

Remedies under Section 4113.52:
- Reinstatement with back pay
- Restoration of seniority
- Costs, reasonable attorney's fees, and expert witness fees
- Injunctive relief

B. Ohio Civil Rights Act

The Ohio Civil Rights Act, Ohio Rev. Code Section 4112.01 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: Ohio Rev. Code Section 4112.02(I) makes it an unlawful discriminatory practice for any person to discriminate in any manner against any other person because that person has opposed any unlawful discriminatory practice or has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under Ohio Rev. Code Chapter 4112.

Protected Classes Under Ohio Civil Rights Act:
- Race
- Color
- Religion
- Sex
- Military status
- National origin
- Disability
- Age
- Ancestry

Administrative Exhaustion: Unlike federal law, Ohio Rev. Code Section 4112.02 claims may be filed directly in court without first filing with the Ohio Civil Rights Commission (OCRC). Alternatively, a charge may be filed with the OCRC.

Statute of Limitations:
- Court action: Two (2) years if pursuing non-intentional tort remedies, or six (6) years if pursuing intentional tort remedies. Ohio Rev. Code Section 4112.02(N).
- OCRC charge: Two (2) years from the alleged violation.

Remedies under Ohio Rev. Code Section 4112.99:
- Compensatory damages
- Punitive damages
- Injunctive relief
- Attorney's fees and costs

C. Ohio Common Law Public Policy Exception (Greeley Doctrine)

Ohio recognizes a common law cause of action for wrongful discharge in violation of public policy, established in Greeley v. Miami Valley Maintenance Contractors, Inc., 49 Ohio St. 3d 228 (1990).

Key Holdings from Greeley:

The Ohio Supreme Court established the "Greeley doctrine," recognizing that:
1. A clear public policy must exist and be manifested in a state or federal constitution, statute, administrative regulation, or common law;
2. Dismissing employees under circumstances like those involved would jeopardize that public policy;
3. The dismissal was motivated by conduct related to the public policy; and
4. The employer lacked an overriding legitimate business justification for the dismissal.

Subsequent Developments:
- Kulch v. Structural Fibers, Inc., 78 Ohio St. 3d 134 (1997) (whistleblower claims may proceed under both statute and common law)
- Dohme v. Eurand Am., Inc., 130 Ohio St. 3d 168 (2011) (discussing scope of public policy exception)
- Sutton v. Tomco Machining, Inc., 129 Ohio St. 3d 153 (2011) (public policy claims)

Statute of Limitations: Four (4) years for tort claims. Ohio Rev. Code Section 2305.09(D).

D. Workers' Compensation Retaliation

Ohio Rev. Code Section 4123.90 prohibits retaliation against employees who file workers' compensation claims.

Remedies:
- Reinstatement
- Back pay
- Full benefits
- Attorney's fees

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 (Whistleblower Act)
- [ ] Reported violation of state or federal statute
- [ ] Reported violation of local ordinance or regulation
- [ ] Reported criminal offense likely to cause imminent risk of physical harm
- [ ] Reported hazard to public health or safety
- [ ] Reported felony
- [ ] Provided oral notice to supervisor followed by written report

Opposition to Discrimination/Harassment (Ohio Civil Rights Act)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / military status / national origin / disability / age / ancestry]
- [ ] 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 (Ohio Civil Rights Act)
- [ ] Filed a Charge of Discrimination with OCRC or EEOC
- [ ] Participated in an OCRC investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Workers' Compensation Activity (Section 4123.90)
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Sought treatment for a work-related injury

Other Protected Activity
- [ ] Reported workplace safety violations to OSHA
- [ ] Engaged in concerted activity protected by the NLRA
- [ ] Refused to participate in illegal 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 instructions given to our client regarding the matter
- 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. Ohio courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Greer-Burger v. Temesi, 116 Ohio St. 3d 324, 2007-Ohio-6442.

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. Ohio Whistleblower Protection Act

Ohio Rev. Code Section 4113.52

Our client is entitled to protection under the Ohio Whistleblower Protection Act because [he/she/they]:

1. Became aware in the course of employment of a violation of state or federal law that [he/she/they] reasonably believed was [a criminal offense likely to cause imminent risk of physical harm / a hazard to public health or safety / a felony];
2. Orally notified [his/her/their] supervisor of the violation;
3. Subsequently filed a written report describing the violation; and
4. Was subjected to disciplinary or retaliatory action as a result.

The law or regulation at issue is [cite specific Ohio statute, federal law, or regulation].

B. Ohio Civil Rights Act - Retaliation

Ohio Rev. Code Section 4112.02(I)

Our client [opposed discrimination / filed a charge / testified / participated in an investigation] and suffered retaliation as a result.

The protected conduct related to discrimination based on [identify protected class under Ohio Civil Rights Act].

C. Common Law Wrongful Discharge - Public Policy Exception (Greeley Doctrine)

Our client's termination violated the well-established public policy of Ohio as expressed in [cite specific statute, regulation, or constitutional provision].

As established in Greeley v. Miami Valley Maintenance Contractors, Inc., 49 Ohio St. 3d 228 (1990), and reaffirmed in Kulch v. Structural Fibers, Inc., 78 Ohio St. 3d 134 (1997), Ohio recognizes a cause of action for wrongful discharge in violation of public policy.

D. Workers' Compensation Retaliation

Ohio Rev. Code Section 4123.90

Our client was discharged or discriminated against for [filing a workers' compensation claim / participating in a workers' compensation proceeding].

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Ohio 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

For emotional distress and other non-economic harm:

• [Describe emotional impact]
• [Describe physical manifestations]
• [Describe impact on daily life]

Compensatory damages: $[Amount]

C. Punitive Damages

For willful, malicious, or egregious conduct:

Punitive damages: $[Amount]

See Preston v. Murty, 32 Ohio St. 3d 334 (1987) (discussing punitive damages standards).

D. Interest

Pre-judgment interest as provided by Ohio Rev. Code Section 1343.03.

E. Attorney's Fees and Costs

Ohio law provides for recovery of reasonable attorney's fees in whistleblower and discrimination cases.

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:
- Whistleblower Act 180-day deadline: [Date] (CRITICAL - SHORT DEADLINE)
- Ohio Civil Rights Act (2 years or 6 years): [Date]
- Common law claims (4 years): [Date]
- EEOC filing deadline (if applicable): [Date]

If we do not receive a satisfactory response, we will file suit in [Ohio Court of Common Pleas, [County] County] or [United States District Court, Northern/Southern District of Ohio] asserting:

1. Violation of the Ohio Whistleblower Protection Act, Ohio Rev. Code Section 4113.52
2. Retaliation in violation of the Ohio Civil Rights Act, Ohio Rev. Code Section 4112.02(I)
3. Common law wrongful discharge in violation of public policy (Greeley doctrine)
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 Ohio law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Ohio Rule of Evidence 408 and applicable state law.

We are prepared to discuss resolution of this matter at your earliest convenience. Please contact me to arrange a settlement conference.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

[Attorney Signature Block]

Enclosures:
- [ ] OCRC Charge (if applicable)
- [ ] EEOC Charge (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

OHIO-SPECIFIC PRACTICE NOTES

CRITICAL 180-DAY DEADLINE: The Ohio Whistleblower Protection Act has a very short 180-day statute of limitations. This deadline is strictly enforced and practitioners must act immediately upon learning of potential claims.

Dual Track Recovery: Under Kulch v. Structural Fibers, Inc., employees may pursue claims under both the Whistleblower Protection Act and the common law public policy exception (Greeley doctrine). This provides flexibility in pursuing remedies.

Internal Reporting Requirement: The Whistleblower Protection Act requires employees to first orally notify their supervisor of the violation, then subsequently file a written report. Failure to follow this procedure may bar the statutory claim, though common law claims may still be available.

No Administrative Exhaustion for Civil Rights Claims: Unlike federal law, Ohio Rev. Code Section 4112 claims may be filed directly in court without first filing with the Ohio Civil Rights Commission. This provides strategic flexibility.

Extended Statute of Limitations for Intentional Torts: When pursuing Ohio Civil Rights Act claims as intentional torts under Ohio Rev. Code Section 4112.02(N), the statute of limitations is six years rather than two years.

No Damage Caps: Ohio does not impose statutory caps on compensatory or punitive damages in discrimination or whistleblower cases, unlike some states that have adopted such limits.

Military Status Protection: Ohio's Civil Rights Act explicitly protects military status, providing broader protection than federal law in this area.

Greeley Four-Part Test: When pursuing common law public policy claims, practitioners must establish all four elements of the Greeley test: (1) clear public policy; (2) dismissal would jeopardize that policy; (3) dismissal was motivated by conduct related to the policy; and (4) no overriding business justification.