RETALIATION DEMAND LETTER

Utah Anti-Retaliation and Wrongful Discharge Claims

[ATTORNEY/FIRM LETTERHEAD]

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

A. Utah Common Law Public Policy Exception

Utah recognizes a limited common law exception to at-will employment for terminations that violate clear and substantial public policy.

Key Case Law:

• Berube v. Fashion Centre, Ltd., 771 P.2d 1033 (Utah 1989) (seminal case recognizing exception)
• Fox v. MCI Communications Corp., 931 P.2d 857 (Utah 1997) (clarifying requirements)
• Ryan v. Dan's Food Stores, Inc., 972 P.2d 395 (Utah 1998) (discussing scope)
• Touchard v. La-Z-Boy Inc., 148 P.3d 945 (Utah 2006) (further refinement)

Elements of a Public Policy Claim:

Under Berube and its progeny, a plaintiff must establish:
1. A clear and substantial public policy;
2. The public policy is one that would be jeopardized by the discharge;
3. The employee's conduct was related to the public policy; and
4. The employer's conduct was without adequate justification.

Sources of Public Policy:
- Constitutional provisions
- Statutes
- Judicial decisions
- Professional codes of ethics (in some circumstances)

Statute of Limitations: Four (4) years for tort claims. Utah Code Ann. Section 78B-2-307.

B. Utah Antidiscrimination Act

The Utah Antidiscrimination Act, Utah Code Ann. Section 34A-5-101 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: Utah Code Ann. Section 34A-5-102(1)(f) makes it a discriminatory or prohibited employment practice to discriminate against any person because that person has opposed any employment practice prohibited by the Act, or because that person has filed a charge, testified, assisted, or participated in any investigation, proceeding, or hearing under the Act.

Protected Classes:
- Race
- Color
- Sex (including pregnancy and childbirth)
- Sexual orientation
- Gender identity
- Pregnancy
- Religion
- National origin
- Age (40+)
- Disability

Administrative Exhaustion: A charge must be filed with the Utah Labor Commission, Antidiscrimination and Labor Division (UALD) within 180 days of the alleged violation. Utah Code Ann. Section 34A-5-107.

Statute of Limitations: After receiving a Right to Sue letter, the plaintiff has 90 days to file in court. Utah Code Ann. Section 34A-5-107(1)(c).

Remedies:
- Back pay
- Reinstatement
- Cease and desist orders
- Affirmative action
- Reporting requirements

C. Utah Protection of Activities Act (Public Employees)

The Utah Protection of Activities Act, Utah Code Ann. Section 67-21-1 et seq., protects public employees who report wrongdoing.

Protected Activity:
- Communicating in good faith the existence of waste of public funds, property, or personnel
- Communicating in good faith a violation of law
- Communicating in good faith gross mismanagement
- Communicating in good faith abuse of authority
- Communicating in good faith a substantial and specific danger to public health or safety

Application: This statute applies only to employees of state and local government entities, not private employers.

D. Workers' Compensation Retaliation

Utah Code Ann. Section 34A-2-801(1) prohibits discharge or discrimination against an employee because the employee:
- Filed or communicated intention to file a workers' compensation claim
- Testified in a workers' compensation proceeding
- Exercised any right under the Workers' Compensation Act

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]

Public Policy-Based Activity (Common Law)
- [ ] Refused to violate a law
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Exercised a statutory right
- [ ] Performed a public duty
- [ ] Refused to participate in conduct that violates professional ethics

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

Workers' Compensation Activity (Section 34A-2-801)
- [ ] Filed a workers' compensation claim
- [ ] Communicated intention to file a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Exercised rights under the Workers' Compensation Act

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. Utah courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Hansen v. Am. Online, Inc., 96 P.3d 950 (Utah Ct. App. 2004).

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 Berube v. Fashion Centre, Ltd., 771 P.2d 1033 (Utah 1989), our client is entitled to recover for wrongful discharge in violation of public policy because:

[Select applicable theory]

• [ ] Refusal Theory: Our client was discharged for refusing to violate a clear and substantial public policy, specifically [describe the refusal and cite the public policy source].

• [ ] Reporting Theory: Our client was discharged for reporting a violation of a clear and substantial public policy, specifically [describe the reporting and cite the public policy source].

• [ ] Exercise of Right Theory: Our client was discharged for exercising a statutory right, specifically [describe the right and cite the statute].

The clear and substantial public policy at issue is established by [cite specific Utah statute, constitutional provision, or regulation].

B. Utah Antidiscrimination Act - Retaliation

Utah Code Ann. Section 34A-5-102(1)(f)

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 Utah Antidiscrimination Act].

C. Workers' Compensation Retaliation

Utah Code Ann. Section 34A-2-801

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

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Utah 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 Utah 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:
- UALD 180-day filing deadline: [Date]
- 90-day deadline to file after Right to Sue: [Date]
- Common law claims (4 years): [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Common law wrongful discharge in violation of public policy (Berube)
2. Retaliation in violation of the Utah Antidiscrimination Act, Utah Code Ann. Section 34A-5-102(1)(f) [if applicable]
3. Workers' compensation retaliation, Utah Code Ann. Section 34A-2-801 [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 Utah law.

IX. CONFIDENTIALITY

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

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

UTAH-SPECIFIC PRACTICE NOTES

Limited Public Policy Exception: Utah recognizes the public policy exception to at-will employment, but courts apply it cautiously. The public policy must be "clear and substantial."

No Private Sector Whistleblower Statute: Utah's Protection of Activities Act applies only to public employees. Private sector employees must rely on the common law public policy exception.

Broad Sources of Public Policy: Utah courts have recognized that public policy can be found in statutes, constitutional provisions, judicial decisions, and in some cases professional codes of ethics (particularly for regulated professionals).

Sexual Orientation and Gender Identity Protection: Utah's Antidiscrimination Act explicitly protects sexual orientation and gender identity, providing broader protection than federal law.

90-Day Post-Right to Sue Deadline: After receiving a Right to Sue letter, plaintiffs have only 90 days to file in court under the Antidiscrimination Act. This is a short window requiring prompt action.

Limited Remedies Under Antidiscrimination Act: The Utah Antidiscrimination Act provides primarily equitable relief (back pay, reinstatement). Common law claims may provide broader damages.

Workers' Compensation Protection: Utah explicitly protects employees who merely communicate an intention to file a workers' compensation claim, providing earlier protection than some states.

Conservative Judicial Climate: Utah courts tend to be conservative in employment cases. Frame claims carefully within established legal frameworks.

UALD Work-Sharing Agreement: UALD has a work-sharing agreement with EEOC. Filing with UALD typically satisfies federal filing requirements.