RETALIATION DEMAND LETTER

South Carolina Anti-Retaliation and Wrongful Discharge Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, South Carolina ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Carolina 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]
SCHAC Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO S.C. 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 South Carolina 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. SOUTH CAROLINA-SPECIFIC LEGAL FRAMEWORK

A. South Carolina Common Law Wrongful Discharge

South Carolina recognizes a limited common law exception to at-will employment for terminations that violate clear public policy.

Key Case Law:

• Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219, 337 S.E.2d 213 (1985) (seminal case recognizing public policy exception)
• Lawson v. S.C. Dep't of Corr., 340 S.C. 346, 532 S.E.2d 259 (2000) (discussing scope of exception)
• Barron v. Labor Finders of S.C., 393 S.C. 609, 713 S.E.2d 634 (2011) (refining elements)

Elements of Wrongful Discharge Claim:

Under Barron, a plaintiff must establish:
1. The employee was an at-will employee who was terminated;
2. The termination violated a clear mandate of public policy;
3. The public policy is embodied in either (a) the constitution, (b) legislation, (c) a regulation promulgated pursuant to law, or (d) prior judicial decisions;
4. The employee acted to further that public policy or refused to violate that policy; and
5. The employer terminated the employee as a result.

Statute of Limitations: Three (3) years for tort claims. S.C. Code Ann. Section 15-3-530.

Available Remedies:
- Compensatory damages (back pay, front pay, benefits)
- Emotional distress damages
- Punitive damages (in appropriate cases)
- Attorney's fees (in some circumstances)

B. South Carolina Human Affairs Law

The South Carolina Human Affairs Law, S.C. Code Ann. Section 1-13-10 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: S.C. Code Ann. Section 1-13-80(H) makes it an unlawful employment practice to discriminate or retaliate against any person who has opposed any practice made unlawful by the Human Affairs Law, or who has filed a charge, testified, assisted, or participated in any investigation, proceeding, or hearing.

Protected Classes:
- Race
- Religion
- Color
- Sex
- Age (40+)
- National origin
- Disability

Administrative Exhaustion: A charge must be filed with the South Carolina Human Affairs Commission (SCHAC) within 180 days of the alleged violation. S.C. Code Ann. Section 1-13-90.

Damage Caps: S.C. Code Ann. Section 1-13-90 imposes caps on compensatory damages:
| Number of Employees | Cap on Compensatory Damages |
|---------------------|----------------------------|
| 15-100 | $50,000 |
| 101-200 | $100,000 |
| 201-500 | $200,000 |
| 500+ | $300,000 |

C. Workers' Compensation Retaliation

S.C. Code Ann. Section 41-1-80 prohibits retaliation against employees who file workers' compensation claims.

Statute of Limitations: One (1) year from the date of discharge.

Remedies:
- Reinstatement
- Back wages
- Lost benefits
- Attorney's fees

D. Specific Statutory Protections

South Carolina provides additional protections in specific contexts:

1. Wage Payment Retaliation: S.C. Code Ann. Section 41-10-80 prohibits retaliation against employees who file wage claims.

2. OSHA Retaliation: Protection for employees who report workplace safety violations.

3. Jury Service: S.C. Code Ann. Section 41-1-70 prohibits discharge for jury service.

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]

Refusal to Violate Public Policy (Common Law)
- [ ] Refused to participate in illegal activity
- [ ] Refused to violate statutory or regulatory requirements
- [ ] Refused to falsify records or documents
- [ ] Refused to engage in fraudulent conduct

Reporting Violations of Public Policy (Common Law)
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Reported safety violations or hazards
- [ ] Reported fraud or financial misconduct
- [ ] Reported environmental violations

Opposition to Discrimination/Harassment (Human Affairs Law)
- [ ] Complained internally about discrimination based on [race / religion / color / sex / age / national origin / disability]
- [ ] 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 (Human Affairs Law)
- [ ] Filed a charge with SCHAC or EEOC
- [ ] Participated in a SCHAC investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Workers' Compensation Activity (Section 41-1-80)
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Sought treatment for a work-related injury

Other Protected Activity
- [ ] Filed a wage claim under the Payment of Wages Act
- [ ] Reported workplace safety violations to OSHA
- [ ] 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. South Carolina courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Stiles v. Am. Gen. Life Ins. Co., 335 S.C. 222, 516 S.E.2d 449 (1999).

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. Common Law Wrongful Discharge - Public Policy Exception

As established in Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219 (1985), and refined in Barron v. Labor Finders of S.C., 393 S.C. 609 (2011), our client is entitled to recover for wrongful discharge in violation of public policy because:

[Select applicable theory]

• [ ] Performance Theory: Our client was discharged for performing an act that furthers a clear mandate of public policy, specifically [describe the protected conduct and cite the public policy source].

• [ ] Refusal Theory: Our client was discharged for refusing to perform an act that violates a clear mandate of public policy, specifically [describe the refusal and cite the public policy source].

The clear mandate of public policy at issue is established by [cite specific South Carolina statute, constitutional provision, or regulation].

B. South Carolina Human Affairs Law - Retaliation

S.C. Code Ann. Section 1-13-80(H)

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 Human Affairs Law].

C. Workers' Compensation Retaliation

S.C. Code Ann. Section 41-1-80

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

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside South Carolina 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]

Note on Human Affairs Law Caps: Compensatory damages under the Human Affairs Law are capped based on employer size (see Section I.B above). Common law claims are not subject to these caps.

C. Punitive Damages

For willful, malicious, or egregious conduct:

Punitive damages: $[Amount]

D. Interest

Pre-judgment interest as provided by South Carolina law.

E. Attorney's Fees and Costs

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:
- SCHAC 180-day filing deadline: [Date]
- Common law claims (3 years): [Date]
- Workers' compensation retaliation (1 year): [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Common law wrongful discharge in violation of public policy
2. Retaliation in violation of the South Carolina Human Affairs Law, S.C. Code Ann. Section 1-13-80(H) [if applicable]
3. Workers' compensation retaliation, S.C. Code Ann. Section 41-1-80 [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 South Carolina law.

IX. CONFIDENTIALITY

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

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

SOUTH CAROLINA-SPECIFIC PRACTICE NOTES

No Comprehensive Whistleblower Statute: South Carolina does not have a comprehensive whistleblower protection statute for private sector employees. Protection comes primarily through the common law public policy exception established in Ludwick.

Narrow Public Policy Exception: South Carolina courts construe the public policy exception narrowly. The public policy must be clearly articulated in the constitution, a statute, a regulation, or prior judicial decisions.

Clear Mandate Requirement: Under Barron, the public policy must be a "clear mandate" rather than a general principle. Vague or undefined public policies will not support a claim.

Human Affairs Law Damage Caps: The Human Affairs Law imposes significant caps on compensatory damages based on employer size. Common law claims are not subject to these caps, making the common law theory potentially more valuable for high-damage cases.

Short Workers' Compensation Retaliation Deadline: The one-year statute of limitations for workers' compensation retaliation claims is strictly enforced.

At-Will Employment Strength: South Carolina strongly adheres to the at-will employment doctrine. Courts are generally reluctant to expand the public policy exception.

Limited Protected Classes: The Human Affairs Law does not protect sexual orientation or gender identity, unlike some other states.

Federal Claims Often Important: Due to limited state law protections, practitioners should carefully evaluate federal whistleblower statutes (SOX, Dodd-Frank, OSHA whistleblower provisions) for additional protection.

Jury Trial Considerations: South Carolina juries can be conservative. Consider this in evaluating case value and settlement strategy.