RETALIATION DEMAND LETTER

Rhode Island Whistleblowers' Protection and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Rhode Island ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Rhode Island 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]
RICHR Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO R.I. 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 Rhode Island law and exposes the Company to substantial liability for compensatory damages, civil fines, 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. RHODE ISLAND-SPECIFIC LEGAL FRAMEWORK

A. Rhode Island Whistleblowers' Protection Act

The Rhode Island Whistleblowers' Protection Act, R.I. Gen. Laws Section 28-50-1 et seq., provides comprehensive protection for employees who report violations of law.

Key Provisions:

Under R.I. Gen. Laws Section 28-50-3, an employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment:

1. Because the employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation which the employee knows or reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated under the law of this state, a political subdivision of this state, or the United States; unless the employee knows that the report is false; or

2. Because the employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.

Internal Reporting Option: Under R.I. Gen. Laws Section 28-50-4, the employee may also be protected for reporting to the employer, but the statute does not require internal reporting first.

Statute of Limitations: Three (3) years from the date of the violation. R.I. Gen. Laws Section 28-50-5.

Remedies under Section 28-50-6:
- Injunctive relief
- Reinstatement with back pay
- Full reinstatement of fringe benefits and seniority rights
- Actual damages
- Attorney's fees, costs, and expert witness fees
- Civil fine of up to $10,000 payable to the state

B. Rhode Island Fair Employment Practices Act (FEPA)

The Rhode Island Fair Employment Practices Act, R.I. Gen. Laws Section 28-5-1 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: R.I. Gen. Laws Section 28-5-7(5) makes it an unlawful employment practice to discharge, expel, or otherwise discriminate against any person because that person has opposed any practice forbidden under the FEPA or has filed a complaint, testified, or assisted in any proceeding under the FEPA.

Protected Classes Under FEPA:
- Race or color
- Religion
- Sex (including pregnancy and sexual harassment)
- Sexual orientation
- Gender identity or expression
- Disability
- Age (40+)
- Country of ancestral origin

Administrative Exhaustion: A complaint must be filed with the Rhode Island Commission for Human Rights (RICHR) within one (1) year of the alleged violation. R.I. Gen. Laws Section 28-5-17(a).

Remedies under FEPA:
- Back pay
- Compensatory damages
- Reinstatement
- Attorney's fees and costs
- Injunctive relief

C. Rhode Island Civil Rights Act

The Rhode Island Civil Rights Act, R.I. Gen. Laws Section 42-112-1 et seq., provides additional protections against civil rights violations.

Anti-Retaliation Provision: The Act prohibits retaliation against persons who exercise their civil rights or assist others in exercising their rights.

Statute of Limitations: Three (3) years.

D. Specific Whistleblower Protections

Rhode Island provides additional protections in specific contexts:

1. Healthcare Workers: R.I. Gen. Laws Section 23-17-28 (nursing home and hospital whistleblower protection)

2. Public Employees: Additional protections under state personnel laws

3. False Claims Act: R.I. Gen. Laws Section 9-1.1-5 (qui tam whistleblower protection)

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 Violations (Whistleblowers' Protection Act)
- [ ] Reported violation of state law to a public body
- [ ] Reported violation of federal law to a public body
- [ ] Reported violation of local regulation to a public body
- [ ] Was about to report a violation
- [ ] Reported violation to employer

Participation in Investigation (Whistleblowers' Protection Act)
- [ ] Requested by a public body to participate in an investigation
- [ ] Testified in a hearing or inquiry
- [ ] Participated in a court action

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

Other Protected Activity
- [ ] Filed a workers' compensation claim
- [ ] Reported healthcare violations
- [ ] Filed a False Claims Act complaint
- [ ] 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. Rhode Island courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Pari v. Univ. of R.I., 822 F. Supp. 2d 125 (D.R.I. 2011).

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. Rhode Island Whistleblowers' Protection Act

R.I. Gen. Laws Section 28-50-3

Our client is entitled to protection under the Rhode Island Whistleblowers' Protection Act because [he/she/they]:

[Select applicable theory]

• [ ] Reporting Theory: Reported or was about to report to a public body a violation of state, federal, or local law that [he/she/they] knew or reasonably believed had occurred or was about to occur.

• [ ] Participation Theory: Was requested by a public body to participate in an investigation, hearing, inquiry, or court action.

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

B. Rhode Island Fair Employment Practices Act - Retaliation

R.I. Gen. Laws Section 28-5-7(5)

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 FEPA].

C. Rhode Island Civil Rights Act

R.I. Gen. Laws Section 42-112-1 et seq.

Our client was retaliated against for exercising [his/her/their] civil rights or assisting others in exercising their rights.

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Rhode Island 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. Civil Fine (Whistleblowers' Protection Act)

Under R.I. Gen. Laws Section 28-50-6, a civil fine of up to $10,000 payable to the state may be assessed against the employer.

D. Interest

Pre-judgment interest as provided by Rhode Island law.

E. Attorney's Fees and Costs

Rhode Island 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:
- Whistleblowers' Protection Act (3 years): [Date]
- RICHR 1-year filing deadline: [Date]
- Civil Rights Act (3 years): [Date]
- EEOC filing deadline (if applicable): [Date]

If we do not receive a satisfactory response, we will file suit in [Rhode Island Superior Court, [County] County] or [United States District Court, District of Rhode Island] asserting:

1. Violation of the Rhode Island Whistleblowers' Protection Act, R.I. Gen. Laws Section 28-50-3
2. Retaliation in violation of the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws Section 28-5-7(5) [if applicable]
3. Violation of the Rhode Island Civil Rights Act [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 Rhode Island law.

IX. CONFIDENTIALITY

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

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

RHODE ISLAND-SPECIFIC PRACTICE NOTES

Three-Year Statute of Limitations: Rhode Island's Whistleblowers' Protection Act has a favorable three-year statute of limitations, which is longer than many states. This provides more time to pursue claims.

No Administrative Exhaustion for Whistleblower Claims: The Whistleblowers' Protection Act allows employees to file directly in court without first filing an administrative complaint. This is a significant procedural advantage.

Civil Fine Provision: The Act authorizes a civil fine of up to $10,000 payable to the state, which serves as an additional deterrent against employer retaliation.

"About to Report" Protection: Like some other states, Rhode Island protects employees who are "about to report" violations, providing protection even before a report is made.

Broad Protected Class Coverage: Rhode Island's FEPA protects more classes than federal law, including sexual orientation and gender identity/expression, providing broader protection for employees.

One-Year RICHR Deadline: For FEPA claims, the one-year deadline to file with RICHR is longer than the 180-day federal EEOC deadline, providing more time for discrimination claims.

Healthcare Whistleblower Protection: Rhode Island has specific protections for healthcare workers who report patient safety or quality of care concerns.

False Claims Act Protection: Rhode Island has a False Claims Act with qui tam whistleblower protections, allowing employees to report fraud against the state and share in any recovery.

Small State Considerations: Rhode Island's small size means that the legal community is close-knit. Consider reputational factors in settlement negotiations.