RETALIATION DEMAND LETTER

Vermont Whistleblower Protection and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Vermont ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Vermont 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]
HRC Case No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO V.R.E. 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 Vermont 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. VERMONT-SPECIFIC LEGAL FRAMEWORK

A. Vermont Whistleblower Protection Law

Vermont provides comprehensive statutory protection for employees who report violations of law or refuse to participate in illegal activity.

21 V.S.A. Section 495d(a) - Whistleblower Protection:

An employer shall not discharge or otherwise discriminate against an employee because the employee:

1. Reports verbally or in writing to the employer or to a regulatory, investigative, or law enforcement body what the employee reasonably believes is a violation of state or federal law;
2. Is requested by a regulatory, investigative, or law enforcement body to participate in an investigation, hearing, or inquiry;
3. Refuses to participate in an activity that the employee reasonably believes is in violation of state or federal law; or
4. Reports what the employee reasonably believes is unsafe, unhealthful, or illegal activity in a long-term care facility.

Good Faith/Reasonable Belief Standard: The employee must reasonably believe that the activity reported was unlawful. The belief need not be correct, but it must be reasonable.

Statute of Limitations: Three (3) years from the date of the violation. 21 V.S.A. Section 495d(b).

Remedies under 21 V.S.A. Section 495d(b):
- Reinstatement with back pay
- Compensatory damages
- Punitive damages where appropriate
- Reasonable attorney's fees and costs
- Injunctive relief

B. Vermont Fair Employment Practices Act (FEPA)

The Vermont Fair Employment Practices Act, 21 V.S.A. Section 495 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: 21 V.S.A. Section 495(a)(8) makes it an unlawful employment practice to discharge or discriminate against an employee because the employee has opposed any practice prohibited by the FEPA or has lodged a complaint, testified, or assisted in any proceeding under the FEPA.

Protected Classes (among the broadest in the nation):
- Race
- Color
- Religion
- Ancestry
- National origin
- Sex (including pregnancy)
- Sexual orientation
- Gender identity
- Marital status
- Age (18+)
- Disability
- HIV status
- Place of birth
- Credit history
- Military status

Administrative Exhaustion: Unlike most states, Vermont does NOT require administrative exhaustion. An employee may file directly in court or may choose to file with the Vermont Human Rights Commission (HRC). 21 V.S.A. Section 495b(a).

Statute of Limitations: Three (3) years. 21 V.S.A. Section 495b(a)(2).

Remedies under 21 V.S.A. Section 495b(b):
- Compensatory damages
- Punitive damages
- Reasonable attorney's fees
- Injunctive relief
- Any other relief the court deems appropriate

C. Vermont Common Law Wrongful Discharge

Vermont recognizes a common law cause of action for wrongful discharge in violation of public policy.

Key Case Law:
- Payne v. Rozendaal, 147 Vt. 488 (1987) (recognizing public policy exception)
- Agway, Inc. v. Brosseau, 168 Vt. 175 (1998) (discussing scope of exception)
- Jones v. Kessler, 2009 VT 103 (further development)

Requirements:
1. An employment relationship
2. Termination of employment
3. The termination violated a clear and compelling public policy

Statute of Limitations:
- Contract claims: Six (6) years. 12 V.S.A. Section 511.
- Tort claims: Three (3) years. 12 V.S.A. Section 512.

D. Workers' Compensation Retaliation

21 V.S.A. Section 710 prohibits discharge or discrimination against an employee for exercising rights 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]

Reporting Violations (Whistleblower Protection)
- [ ] Reported violation of state law to employer
- [ ] Reported violation of federal law to employer
- [ ] Reported violation to regulatory body
- [ ] Reported violation to law enforcement
- [ ] Reported violation to investigative body

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

Refusal to Participate in Illegal Activity (Whistleblower Protection)
- [ ] Refused to participate in activity believed to violate state law
- [ ] Refused to participate in activity believed to violate federal law

Healthcare Whistleblowing (Whistleblower Protection)
- [ ] Reported unsafe activity in long-term care facility
- [ ] Reported unhealthful activity in long-term care facility
- [ ] Reported illegal activity in long-term care facility

Opposition to Discrimination/Harassment (FEPA)
- [ ] Complained internally about discrimination based on [race / color / religion / ancestry / national origin / sex / sexual orientation / gender identity / marital status / age / disability / HIV status / place of birth / credit history / military status]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources

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

Other Protected Activity
- [ ] Filed a workers' compensation claim
- [ ] 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. Vermont 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. Vermont Whistleblower Protection Law

21 V.S.A. Section 495d(a)

Our client is entitled to protection under Vermont's Whistleblower Protection Law because [he/she/they]:

[Select applicable theory]

• [ ] Reporting Theory: Reported verbally or in writing what [he/she/they] reasonably believed to be a violation of state or federal law to the employer or to a regulatory, investigative, or law enforcement body.

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

• [ ] Refusal Theory: Refused to participate in an activity that [he/she/they] reasonably believed was in violation of state or federal law.

• [ ] Healthcare Reporting Theory: Reported what [he/she/they] reasonably believed was unsafe, unhealthful, or illegal activity in a long-term care facility.

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

B. Vermont Fair Employment Practices Act - Retaliation

21 V.S.A. Section 495(a)(8)

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 Vermont FEPA].

C. Common Law Wrongful Discharge

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

As recognized in Payne v. Rozendaal, 147 Vt. 488 (1987), Vermont recognizes a cause of action for wrongful discharge in violation of public policy.

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Vermont 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]

Punitive damages are expressly authorized under 21 V.S.A. Section 495d(b) "where appropriate."

D. Interest

Pre-judgment interest as provided by Vermont law.

E. Attorney's Fees and Costs

Vermont law provides for recovery of reasonable attorney's fees in whistleblower and discrimination cases under 21 V.S.A. Sections 495d(b) and 495b(b).

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:
- Whistleblower claims (3 years): [Date]
- FEPA claims (3 years): [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Violation of Vermont Whistleblower Protection Law, 21 V.S.A. Section 495d(a)
2. Retaliation in violation of Vermont Fair Employment Practices Act, 21 V.S.A. Section 495(a)(8) [if applicable]
3. Common law wrongful 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 Vermont law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Vermont 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:
- [ ] HRC Complaint (if applicable)
- [ ] EEOC Charge (if applicable)
- [ ] Authorization to Represent

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

VERMONT-SPECIFIC PRACTICE NOTES

Employee-Friendly Jurisdiction: Vermont has some of the most comprehensive employee protection laws in the nation. The combination of statutory whistleblower protection and the broad FEPA provides robust protection.

No Administrative Exhaustion Required: Vermont is unusual in not requiring administrative exhaustion for discrimination claims. Employees may file directly in court, providing strategic flexibility.

Three-Year Statute of Limitations: Both the Whistleblower Protection Law and FEPA have three-year statutes of limitations, which is longer than many states.

Broad Protected Classes: Vermont FEPA protects more classes than virtually any other state, including sexual orientation, gender identity, HIV status, place of birth, credit history, and military status. Age protection begins at 18, not 40.

Reasonable Belief Standard: The whistleblower statute requires only that the employee "reasonably believes" the conduct was unlawful. The belief need not be correct.

Punitive Damages Available: Both the Whistleblower Protection Law and FEPA expressly authorize punitive damages "where appropriate."

Attorney's Fee Shifting: Both statutes provide for attorney's fees, making it easier to obtain legal representation.

No Damage Caps: Vermont does not impose statutory caps on compensatory or punitive damages.

Small State Considerations: Vermont is a small state with a close-knit legal community. Consider reputational factors in settlement negotiations and litigation strategy.

Healthcare-Specific Protection: Vermont specifically protects employees who report problems in long-term care facilities.