RETALIATION DEMAND LETTER

Virginia Whistleblower Protection and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Virginia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Virginia 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]
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO VA. R. EVID. 2:408

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 Virginia 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. VIRGINIA-SPECIFIC LEGAL FRAMEWORK

A. Virginia Human Rights Act (VHRA)

The Virginia Human Rights Act, Va. Code Ann. Section 2.2-3900 et seq., as substantially amended effective July 1, 2020, provides comprehensive protection against discrimination and retaliation in employment.

Anti-Retaliation Provision: Va. Code Ann. Section 2.2-3901 makes it unlawful to discriminate against any person because that person has opposed any practice forbidden by the VHRA, or because that person has made a charge, testified, assisted, or participated in any investigation, proceeding, or hearing under the VHRA.

Protected Classes (significantly expanded in 2020):
- Race
- Color
- Religion
- National origin
- Sex (including pregnancy, childbirth, and related medical conditions)
- Sexual orientation
- Gender identity
- Age (40+)
- Marital status
- Disability
- Veteran status

Administrative Exhaustion: Not required. Virginia employees may file directly in court within one (1) year of the alleged violation. Alternatively, they may file with the EEOC within 300 days. Va. Code Ann. Section 2.2-3908.

Damage Caps (Va. Code Ann. Section 2.2-3909.1):
| Number of Employees | Cap on Compensatory Damages |
|---------------------|----------------------------|
| 6-14 | $50,000 |
| 15-100 | $50,000 |
| 101-200 | $100,000 |
| 201-500 | $200,000 |
| 500+ | $350,000 |

Note: Back pay is uncapped. Punitive damages and attorney's fees are also available.

B. Virginia Whistleblower Protection Act

Va. Code Ann. Section 40.1-27.3 provides protection for employees who report violations of law.

Protected Activity:

An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee because the employee in good faith:
1. Reports a violation of any federal or state law or regulation to a supervisor or government body;
2. Is requested by a governmental body to participate in an investigation, hearing, or inquiry;
3. Refuses to engage in a criminal act that would subject the employee to criminal liability;
4. Refuses to carry out a directive that the employee believes constitutes a violation of law.

Statute of Limitations: One (1) year from the date of the adverse action. Va. Code Ann. Section 40.1-27.3(B).

Remedies:
- Reinstatement
- Back pay
- Injunctive relief
- Compensatory damages
- Reasonable attorney's fees and costs

C. Bowman Public Policy Exception (Common Law)

Virginia recognizes a narrow common law exception to at-will employment under Bowman v. State Bank of Keysville, 229 Va. 534 (1985).

Key Case Law:
- Bowman v. State Bank of Keysville, 229 Va. 534 (1985) (seminal case)
- Lockhart v. Commonwealth Educ. Sys. Corp., 247 Va. 98 (1994) (limiting scope)
- Dray v. New Market Poultry Prods., Inc., 258 Va. 187 (1999) (discussing requirements)

Requirements:

Under Bowman, a plaintiff must establish:
1. An employment-at-will relationship
2. Termination
3. The termination violated a Virginia public policy
4. The public policy must be narrowly defined and explicitly articulated in Virginia statutory law

Important Limitation: Virginia courts construe the Bowman exception very narrowly. The public policy must be found in a Virginia statute that explicitly prohibits the conduct.

Statute of Limitations: One (1) year. Va. Code Ann. Section 8.01-248.

D. Workers' Compensation Retaliation

Va. Code Ann. Section 65.2-308 prohibits discharge or discrimination against an employee for filing a workers' compensation claim.

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 (Whistleblower Protection Act)
- [ ] Reported violation of federal law to supervisor in good faith
- [ ] Reported violation of state law to supervisor in good faith
- [ ] Reported violation of regulation to supervisor in good faith
- [ ] Reported violation to a government body in good faith

Participation in Investigation (Whistleblower Protection Act)
- [ ] Requested by governmental body to participate in investigation
- [ ] Testified in a hearing or inquiry
- [ ] Provided information to investigators

Refusal to Engage in Criminal Activity (Whistleblower Protection Act)
- [ ] Refused to engage in criminal act
- [ ] Refused to carry out directive believed to violate law

Opposition to Discrimination/Harassment (VHRA)
- [ ] Complained internally about discrimination based on [race / color / religion / national origin / sex / sexual orientation / gender identity / age / marital status / disability / veteran status]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources

Participation in Discrimination Proceedings (VHRA)
- [ ] Filed a complaint in court or with EEOC
- [ ] Participated in an EEOC investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's case

Workers' Compensation Activity (Section 65.2-308)
- [ ] Filed 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. Virginia 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. Virginia Human Rights Act - Retaliation

Va. Code Ann. Section 2.2-3901

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 VHRA].

Note: The VHRA was significantly strengthened effective July 1, 2020, providing broader protections and remedies than previously available.

B. Virginia Whistleblower Protection Act

Va. Code Ann. Section 40.1-27.3

Our client is entitled to protection because [he/she/they] in good faith:

[Select applicable theory]

• [ ] Reporting Theory: Reported a violation of federal or state law or regulation to a supervisor or government body.

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

• [ ] Refusal Theory: Refused to engage in a criminal act or refused to carry out a directive believed to violate law.

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

C. Bowman Common Law Wrongful Discharge

Our client's termination violated a Virginia public policy explicitly articulated in [cite specific Virginia statute].

As established in Bowman v. State Bank of Keysville, 229 Va. 534 (1985), Virginia recognizes a narrow cause of action for wrongful discharge when the termination violates explicit Virginia statutory policy.

D. Workers' Compensation Retaliation

Va. Code Ann. Section 65.2-308

Our client was discharged or discriminated against for [filing a workers' compensation claim / exercising rights under the Workers' Compensation Act].

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Virginia 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)

Note: Back pay is uncapped under the VHRA.

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 VHRA Caps: Compensatory damages under the VHRA are capped based on employer size (see Section I.A above).

C. Punitive Damages

For willful, malicious, or egregious conduct:

Punitive damages: $[Amount]

D. Interest

Pre-judgment interest as provided by Virginia law.

E. Attorney's Fees and Costs

Virginia law provides for recovery of reasonable attorney's fees in VHRA and Whistleblower Protection Act 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:
- VHRA (1 year from violation): [Date] (CRITICAL)
- Whistleblower Protection Act (1 year): [Date] (CRITICAL)
- Bowman tort (1 year): [Date] (CRITICAL)
- EEOC filing deadline (300 days): [Date]

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

1. Retaliation in violation of the Virginia Human Rights Act, Va. Code Ann. Section 2.2-3901 [if applicable]
2. Violation of Virginia Whistleblower Protection Act, Va. Code Ann. Section 40.1-27.3 [if applicable]
3. Common law wrongful discharge under Bowman [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 Virginia law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Virginia Rule of Evidence 2:408 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:
- [ ] EEOC Charge (if applicable)
- [ ] Authorization to Represent

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

VIRGINIA-SPECIFIC PRACTICE NOTES

2020 VHRA Amendments: Virginia significantly strengthened its employment discrimination laws effective July 1, 2020. The VHRA now provides a private right of action with compensatory damages, punitive damages, and attorney's fees. Claims arising before this date have more limited remedies.

One-Year Statute of Limitations: Virginia has a one-year statute of limitations for VHRA claims, Whistleblower Act claims, and Bowman claims. This is shorter than many states, so practitioners must act promptly.

No Administrative Exhaustion Required: Virginia does not require administrative exhaustion for VHRA claims. Employees may file directly in court within one year, or file with EEOC within 300 days.

Narrow Bowman Doctrine: The Bowman exception is very narrow. Virginia courts require that the public policy be explicitly articulated in a Virginia statute. General public policy arguments are insufficient.

Sexual Orientation and Gender Identity Protection: The 2020 amendments added sexual orientation and gender identity as protected classes under the VHRA.

Small Employer Coverage: The VHRA covers employers with as few as 6 employees (for certain claims), providing broader coverage than federal Title VII.

Damage Caps: The VHRA has compensatory damage caps similar to but not identical to federal Title VII. Back pay is uncapped.

Good Faith Requirement: The Whistleblower Protection Act requires reports be made in "good faith," meaning a genuine belief that a violation occurred.

Proximity to Washington, D.C.: Many Virginia employees work for federal contractors or in industries with federal oversight, potentially triggering additional federal whistleblower protections.