RETALIATION DEMAND LETTER

Pennsylvania Whistleblower Law and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Pennsylvania ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Pennsylvania Attorney ID 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]
PHRC Docket No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO PA. 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 Pennsylvania 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. PENNSYLVANIA-SPECIFIC LEGAL FRAMEWORK

A. Pennsylvania Whistleblower Law

The Pennsylvania Whistleblower Law, 43 P.S. Section 1421 et seq., provides protection for employees who report wrongdoing.

Key Provisions:

Under 43 P.S. Section 1423(a), no employer may discharge, threaten, or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority an instance of wrongdoing or waste.

Definition of "Wrongdoing": A violation which is not of a merely technical or minimal nature of a Federal or State statute or regulation, of a political subdivision ordinance or regulation, or of a code of conduct or ethics designed to protect the interest of the public or the employer.

Definition of "Waste": An employer's conduct or omissions which result in substantial abuse, misuse, destruction, or loss of funds or resources belonging to or derived from Commonwealth or political subdivision sources.

Application: The Whistleblower Law applies to both public and private employers.

Statute of Limitations: 180 days after the occurrence of the alleged violation. 43 P.S. Section 1424(a).

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

Remedies under 43 P.S. Section 1425:
- Reinstatement with back pay (less interim earnings)
- Full restoration of benefits
- Actual damages
- Attorney's fees and costs
- Reasonable litigation costs and witness fees

B. Pennsylvania Human Relations Act (PHRA)

The Pennsylvania Human Relations Act, 43 P.S. Section 951 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: 43 P.S. Section 955(d) makes it an unlawful discriminatory practice for any person to discriminate in any manner against any individual because such individual has opposed any practice forbidden by the PHRA, or because such individual has made a charge, testified, or assisted in any proceeding under the PHRA.

Protected Classes Under PHRA:
- Race
- Color
- Religious creed
- Ancestry
- Age (40+)
- Sex
- National origin
- Disability
- Use of guide or support animal
- Familial status
- Sexual orientation/gender identity (in some localities)

Administrative Exhaustion: A complaint must be filed with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the alleged discriminatory or retaliatory act. 43 P.S. Section 959(h).

Statute of Limitations: After filing with PHRC, a complaint may be filed in court within two (2) years of the discriminatory act, provided PHRC has not issued a finding within one year of filing.

Remedies under PHRA:
- Back pay
- Compensatory damages
- Punitive damages
- Reinstatement
- Attorney's fees and costs

C. Pennsylvania Common Law Wrongful Discharge

Pennsylvania has a narrow common law exception to at-will employment for terminations that violate clear public policy.

Key Case Law:
- Geary v. United States Steel Corp., 456 Pa. 171 (1974) (early recognition of potential exception)
- Shick v. Shirey, 552 Pa. 590 (1998) (retaliation for filing workers' compensation claim)
- McLaughlin v. Gastrointestinal Specialists, Inc., 561 Pa. 307 (2000) (discussing scope of public policy exception)

Requirements:
1. The discharge must violate a clear mandate of public policy
2. The public policy must be "clearly articulated" in a constitutional provision, statute, or regulation
3. The policy must affect a matter of significant public concern beyond the employee's personal interest

Statute of Limitations: Two (2) years for tort claims. 42 Pa. C.S. Section 5524.

D. Specific Whistleblower Protections

Pennsylvania provides additional protections in specific contexts:

1. Healthcare Workers: 35 P.S. Section 10225.302 (health care facility whistleblower protection)

2. Child Abuse Reporters: 23 Pa. C.S. Section 6318 (protection for reporting child abuse)

3. Workers' Compensation: Workers' compensation retaliation claims under Shick v. Shirey

4. Environmental Reporting: Various environmental statutes include anti-retaliation provisions

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 Wrongdoing or Waste (Whistleblower Law)
- [ ] Reported wrongdoing to the employer in good faith
- [ ] Reported wrongdoing to an appropriate authority in good faith
- [ ] Was about to report wrongdoing
- [ ] Reported waste of public funds or resources
- [ ] Reported violations of federal or state statute or regulation

Opposition to Discrimination/Harassment (PHRA)
- [ ] Complained internally about discrimination based on [race / color / religious creed / ancestry / age / sex / national origin / disability / familial status]
- [ ] 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 (PHRA)
- [ ] Filed a complaint with PHRC or EEOC
- [ ] Participated in a PHRC investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

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

Other Protected Activity
- [ ] Reported child abuse or neglect
- [ ] Reported healthcare violations
- [ ] 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 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. Pennsylvania courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Shellenberger v. Summit Bancorp, Inc., 318 F.3d 183 (3d Cir. 2003) (applying Pennsylvania 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.

IV. LEGAL CLAIMS

A. Pennsylvania Whistleblower Law

43 P.S. Section 1423

Our client is entitled to protection under the Pennsylvania Whistleblower Law because [he/she/they]:

Made or was about to make a good faith report to the employer or appropriate authority of an instance of wrongdoing, specifically [describe the wrongdoing reported].

The "wrongdoing" constitutes a violation of [cite specific federal or state statute, regulation, or ordinance].

B. Pennsylvania Human Relations Act - Retaliation

43 P.S. Section 955(d)

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

The protected conduct related to discrimination based on [identify protected class under PHRA].

C. Common Law Wrongful Discharge

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

As recognized in Shick v. Shirey, 552 Pa. 590 (1998), Pennsylvania recognizes a cause of action for wrongful discharge when the termination violates a clearly articulated public policy.

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Pennsylvania 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]

D. Interest

Pre-judgment interest as provided by Pennsylvania law.

E. Attorney's Fees and Costs

Pennsylvania law provides for recovery of reasonable attorney's fees in whistleblower cases under 43 P.S. Section 1425.

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 Law 180-day deadline: [Date] (CRITICAL - SHORT DEADLINE)
- PHRC 180-day filing deadline: [Date]
- EEOC filing deadline (if applicable): [Date]
- Common law claims (2 years): [Date]

If we do not receive a satisfactory response, we will file suit in [Pennsylvania Court of Common Pleas, [County] County] or [United States District Court, Eastern/Middle/Western District of Pennsylvania] asserting:

1. Violation of the Pennsylvania Whistleblower Law, 43 P.S. Section 1423
2. Retaliation in violation of the Pennsylvania Human Relations Act, 43 P.S. Section 955(d) [if applicable]
3. Common law 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 Pennsylvania law.

IX. CONFIDENTIALITY

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

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

PENNSYLVANIA-SPECIFIC PRACTICE NOTES

CRITICAL 180-DAY DEADLINES: Both the Pennsylvania Whistleblower Law and PHRA have 180-day filing deadlines. These are strictly enforced and practitioners must act immediately upon learning of potential claims.

Private Employer Coverage: Unlike many states, Pennsylvania's Whistleblower Law applies to both public and private employers. This is a significant advantage for private sector employees.

"Wrongdoing" Definition: The Whistleblower Law protects reports of "wrongdoing," which is defined as violations that are not merely technical or minimal. The violation must be substantive.

Good Faith Requirement: The employee must make the report in "good faith," meaning a genuine belief that wrongdoing occurred. The belief need not be correct, but must be sincere.

Narrow Common Law Exception: Pennsylvania's common law public policy exception to at-will employment is narrowly construed. The public policy must be clearly articulated in a constitutional provision, statute, or regulation.

Workers' Compensation Retaliation: Under Shick v. Shirey, employees have a common law claim for retaliation for filing workers' compensation claims. This is an important protection not available in all states.

Local Protections: Some Pennsylvania localities (Philadelphia, Pittsburgh, Allegheny County) have local human rights ordinances that provide broader protections than state law, including sexual orientation and gender identity protections.

PHRC Dual-Filing: PHRC has a work-sharing agreement with EEOC, allowing dual-filing. Strategic considerations may favor filing with one agency over the other.

Healthcare Whistleblower: Pennsylvania has specific protections for healthcare workers who report patient safety concerns under 35 P.S. Section 10225.302.