RETALIATION DEMAND LETTER

South Dakota Anti-Retaliation and Wrongful Discharge Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, South Dakota ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Dakota State 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]
SDDHR Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO S.D. CODIFIED LAWS SECTION 19-12-12

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 applicable law and exposes the Company to substantial liability for compensatory 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 DAKOTA-SPECIFIC LEGAL FRAMEWORK

A. South Dakota Human Relations Act

The South Dakota Human Relations Act, S.D. Codified Laws Section 20-13-1 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: S.D. Codified Laws Section 20-13-10 makes it an unfair or discriminatory practice to discriminate against any person because that person has opposed any practice forbidden by the Human Relations Act, or because that person has filed a complaint, testified, assisted, or participated in any proceeding under the Act.

Protected Classes:
- Race
- Color
- Creed
- Religion
- Sex
- Ancestry
- Disability
- National origin

Administrative Exhaustion: A complaint must be filed with the South Dakota Division of Human Rights (SDDHR) within 180 days of the alleged violation. S.D. Codified Laws Section 20-13-31.

Remedies:
- Cease and desist orders
- Reinstatement
- Back pay
- Restoration of benefits
- Other equitable relief

B. South Dakota Common Law Public Policy Exception

South Dakota's recognition of a common law public policy exception to at-will employment is limited.

Key Case Law:
- Johnson v. Kreiser's, Inc., 433 N.W.2d 225 (S.D. 1988) (recognizing narrow public policy exception)
- Dahl v. Combined Ins. Co., 621 N.W.2d 163 (S.D. 2001) (discussing scope of exception)
- Butterfield v. Citibank of S.D., N.A., 437 N.W.2d 857 (S.D. 1989) (public policy analysis)

Requirements:

South Dakota recognizes a public policy exception in limited circumstances where:
1. The termination contravenes an important public policy
2. The public policy is clearly defined in statutory or constitutional law
3. The employee acted to further that public policy

Statute of Limitations:
- Contract claims: Six (6) years. S.D. Codified Laws Section 15-2-13.
- Tort claims: Three (3) years. S.D. Codified Laws Section 15-2-14.

C. Workers' Compensation Retaliation

South Dakota law provides protection against retaliation for filing workers' compensation claims, recognized through case law.

D. Federal Whistleblower Protections

In the absence of comprehensive state whistleblower protection, federal statutes provide important protections:

1. Sarbanes-Oxley Act (SOX): 18 U.S.C. Section 1514A (publicly traded companies)

2. Dodd-Frank Act: 15 U.S.C. Section 78u-6 (securities violations)

3. OSHA Whistleblower Provisions: Various industry-specific protections

4. False Claims Act: 31 U.S.C. Section 3730(h) (qui tam protections)

5. Title VII, ADA, ADEA: Anti-retaliation provisions under federal employment discrimination laws

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 (Human Relations Act)
- [ ] Complained internally about discrimination based on [race / color / creed / religion / sex / ancestry / disability / 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 (Human Relations Act)
- [ ] Filed a complaint with SDDHR 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

Public Policy-Based Activity (Common Law)
- [ ] Refused to participate in illegal activity
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Exercised a statutory right

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

Federal Whistleblower Activity
- [ ] Reported securities violations (SOX/Dodd-Frank)
- [ ] Reported safety violations to OSHA
- [ ] Filed a False Claims Act complaint
- [ ] Reported violations under other federal whistleblower statutes

Other Protected Activity
- [ ] Engaged in concerted activity protected by the NLRA
- [ ] Exercised rights under federal employment laws
- [ ] [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. Courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation.

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. South Dakota Human Relations Act - Retaliation

S.D. Codified Laws Section 20-13-10

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 Human Relations Act].

B. Common Law Wrongful Discharge - Public Policy Exception

Our client's termination violated an important public policy of South Dakota as expressed in [cite specific statute or constitutional provision].

As recognized in Johnson v. Kreiser's, Inc., 433 N.W.2d 225 (S.D. 1988), South Dakota recognizes a cause of action for wrongful discharge when the termination contravenes an important public policy clearly defined in statutory or constitutional law.

C. Federal Anti-Discrimination Retaliation

[Include if federal claims are being asserted]

• [ ] 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)

D. Federal Whistleblower Claims (If Applicable)

[Include if federal whistleblower claims are being asserted]

• [ ] Sarbanes-Oxley Act, 18 U.S.C. Section 1514A
• [ ] Dodd-Frank Act, 15 U.S.C. Section 78u-6
• [ ] False Claims Act, 31 U.S.C. Section 3730(h)
• [ ] [Other federal whistleblower statute]

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 South Dakota 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:
- SDDHR 180-day filing deadline: [Date]
- Common law contract claims (6 years): [Date]
- Common law tort claims (3 years): [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Retaliation in violation of the South Dakota Human Relations Act, S.D. Codified Laws Section 20-13-10 [if applicable]
2. Common law wrongful discharge in violation of public policy [if applicable]
3. [Federal 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 Dakota law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by S.D. Codified Laws Section 19-12-12 (compromise negotiations) 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:
- [ ] SDDHR Complaint (if applicable)
- [ ] EEOC Charge (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

SOUTH DAKOTA-SPECIFIC PRACTICE NOTES

No Comprehensive Whistleblower Statute: South Dakota does not have a comprehensive whistleblower protection statute for private sector employees. Protection comes primarily through the limited common law public policy exception and federal statutes.

Narrow Common Law Exception: South Dakota's recognition of the public policy exception is narrow. The public policy must be clearly defined in statutory or constitutional law.

Strong At-Will Employment Doctrine: South Dakota strongly adheres to the at-will employment doctrine. Courts are generally reluctant to expand exceptions.

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

Human Relations Act Remedies: The Human Relations Act primarily provides equitable relief (reinstatement, back pay) rather than compensatory damages. Consider common law claims for broader damages.

Limited Protected Classes: South Dakota's Human Relations Act does not protect sexual orientation or gender identity, unlike some other states.

Small State Considerations: South Dakota is a small state with a close-knit legal community. Consider reputational factors in litigation strategy.

EEOC Work-Sharing Agreement: The SDDHR has a work-sharing agreement with EEOC. Filing with one agency typically satisfies the requirements for both.

Agriculture Economy: South Dakota's economy includes significant agricultural and rural employers, which may present unique employment law issues.

Conservative Judicial Climate: South Dakota courts tend to be conservative in employment cases. Consider this when evaluating case value and settlement strategy.