RETALIATION DEMAND LETTER

Tennessee Public Protection Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Tennessee ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Tennessee Board of Professional Responsibility 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]
THRC Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO TENN. 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 Tennessee 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. TENNESSEE-SPECIFIC LEGAL FRAMEWORK

A. Tennessee Public Protection Act (Whistleblower Act)

The Tennessee Public Protection Act, Tenn. Code Ann. Section 50-1-304, provides comprehensive protection for employees who report illegal activity.

Key Provisions:

Under Tenn. Code Ann. Section 50-1-304(b), no employee shall be discharged or terminated solely for refusing to participate in, or for refusing to remain silent about, illegal activities.

Definition of "Illegal Activities": Activities that are in violation of the criminal or civil code of Tennessee, or of the United States, or any regulation intended to protect the public health, safety, or welfare.

Scope of Protection:

The Act protects employees who:
1. Refuse to participate in illegal activities;
2. Refuse to remain silent about illegal activities;
3. Report illegal activities to the employer or appropriate authority.

Statute of Limitations: One (1) year from the date of the retaliatory discharge. Tenn. Code Ann. Section 50-1-304(d).

Remedies under Section 50-1-304(c):
- Reinstatement
- Back pay
- Compensatory damages
- Reasonable attorney's fees and costs
- Other damages the court may allow

B. Tennessee Human Rights Act (THRA)

The Tennessee Human Rights Act, Tenn. Code Ann. Section 4-21-101 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: Tenn. Code Ann. Section 4-21-301 makes it a discriminatory practice to retaliate or discriminate against a person because that person has opposed a practice declared discriminatory under the THRA, or has filed a charge, testified, assisted, or participated in any proceeding under the THRA.

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

Administrative Exhaustion: A charge must be filed with the Tennessee Human Rights Commission (THRC) within 180 days of the alleged violation. Tenn. Code Ann. Section 4-21-302.

Damage Caps: Tenn. Code Ann. Section 4-21-306 caps compensatory and punitive damages similar to federal Title VII:
| Number of Employees | Cap on Compensatory + Punitive Damages |
|---------------------|----------------------------------------|
| 15-100 | $50,000 |
| 101-200 | $100,000 |
| 201-500 | $200,000 |
| 500+ | $300,000 |

C. Tennessee Common Law Retaliatory Discharge

Tennessee recognizes a common law cause of action for retaliatory discharge in violation of public policy.

Key Case Law:
- Clanton v. Cain-Sloan Co., 677 S.W.2d 441 (Tenn. 1984) (seminal case recognizing exception)
- Mason v. Seaton, 942 S.W.2d 470 (Tenn. 1997) (expanding scope of protection)
- Chism v. Mid-South Milling Co., 762 S.W.2d 552 (Tenn. 1988) (workers' compensation retaliation)

Elements:
1. An employment-at-will relationship
2. Discharge of the employee
3. The discharge violated a clear public policy
4. The violation of public policy was the substantial factor in the discharge

Statute of Limitations: One (1) year. Tenn. Code Ann. Section 28-3-104.

D. Workers' Compensation Retaliation

Tenn. Code Ann. Section 50-6-114 prohibits retaliation against employees who file workers' compensation claims.

Remedies:
- Reinstatement
- Back pay
- Costs and reasonable 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]

Refusal to Participate in Illegal Activities (Public Protection Act)
- [ ] Refused to participate in criminal activity
- [ ] Refused to participate in civil code violations
- [ ] Refused to participate in regulatory violations
- [ ] Refused to participate in activity that endangers public health or safety

Refusal to Remain Silent (Public Protection Act)
- [ ] Refused to remain silent about illegal activities
- [ ] Reported illegal activities to employer
- [ ] Reported illegal activities to appropriate authority
- [ ] Testified about illegal activities

Opposition to Discrimination/Harassment (THRA)
- [ ] Complained internally about discrimination based on [race / creed / color / religion / 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 (THRA)
- [ ] Filed a charge with THRC or EEOC
- [ ] Participated in a THRC investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Workers' Compensation Activity (Section 50-6-114)
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Sought treatment for a work-related injury

Other Protected Activity
- [ ] Engaged in concerted activity protected by the NLRA
- [ ] Reported safety violations to OSHA
- [ ] [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. Tennessee courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Guy v. Mut. of Omaha Ins. Co., 79 S.W.3d 528 (Tenn. 2002).

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. Tennessee Public Protection Act

Tenn. Code Ann. Section 50-1-304

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

[Select applicable theory]

• [ ] Refusal Theory: Refused to participate in illegal activities, specifically [describe the illegal activity and cite applicable law].

• [ ] Silent Refusal Theory: Refused to remain silent about illegal activities, specifically [describe the illegal activity reported and cite applicable law].

The activity at issue violates [cite specific Tennessee statute, federal law, or regulation intended to protect public health, safety, or welfare].

B. Tennessee Human Rights Act - Retaliation

Tenn. Code Ann. Section 4-21-301

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 THRA].

C. Common Law Retaliatory Discharge

Our client's termination violated a clear public policy of Tennessee as expressed in [cite specific statute or constitutional provision].

As established in Clanton v. Cain-Sloan Co., 677 S.W.2d 441 (Tenn. 1984), Tennessee recognizes a cause of action for retaliatory discharge when the termination violates a clear public policy.

D. Workers' Compensation Retaliation

Tenn. Code Ann. Section 50-6-114

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

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Tennessee 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 THRA Caps: Compensatory and punitive damages under the THRA are capped based on employer size (see Section I.B above). Public Protection Act 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 Tennessee law.

E. Attorney's Fees and Costs

Tennessee law provides for recovery of reasonable attorney's fees in Public Protection Act cases under Tenn. Code Ann. Section 50-1-304(c).

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:
- Public Protection Act (1 year): [Date] (CRITICAL)
- THRC 180-day filing deadline: [Date]
- Common law claims (1 year): [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Violation of the Tennessee Public Protection Act, Tenn. Code Ann. Section 50-1-304
2. Retaliation in violation of the Tennessee Human Rights Act, Tenn. Code Ann. Section 4-21-301 [if applicable]
3. Common law retaliatory 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 Tennessee law.

IX. CONFIDENTIALITY

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

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

TENNESSEE-SPECIFIC PRACTICE NOTES

One-Year Statute of Limitations: Both the Tennessee Public Protection Act and common law retaliatory discharge claims have a one-year statute of limitations. This is relatively short compared to many states, and practitioners must act promptly.

"Solely" Causation Standard: The Public Protection Act uses "solely" language, requiring that the protected activity be the sole reason for discharge. However, Tennessee courts have interpreted this more liberally in practice. See Williams v. City of Burns, 465 S.W.3d 96 (Tenn. 2015).

Broad "Illegal Activities" Definition: The Public Protection Act covers violations of criminal or civil code, as well as regulations intended to protect public health, safety, or welfare. This provides broad protection.

Refusal to Remain Silent: Tennessee specifically protects employees who refuse to remain silent about illegal activities, even if they do not affirmatively report. This is broader than some states.

THRA Damage Caps: The Tennessee Human Rights Act has damage caps similar to federal Title VII. Public Protection Act claims are not subject to these caps, making that statute potentially more valuable for high-damage cases.

Common Law Claim Viability: Tennessee courts continue to recognize common law retaliatory discharge claims alongside statutory claims, providing an additional avenue for relief.

No Administrative Exhaustion for PPA: The Public Protection Act allows employees to file directly in court without first filing an administrative complaint, unlike THRA claims.

Attorney's Fee Shifting: The Public Protection Act provides for recovery of reasonable attorney's fees, making it easier to obtain legal representation.

Workers' Compensation Protection: Tennessee has explicit statutory protection against retaliation for filing workers' compensation claims under Section 50-6-114.