RETALIATION DEMAND LETTER

Wisconsin Fair Employment Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Wisconsin ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Wisconsin 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]
ERD Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO WIS. STAT. SECTION 904.08

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 Wisconsin 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. WISCONSIN-SPECIFIC LEGAL FRAMEWORK

A. Wisconsin Fair Employment Act (WFEA)

The Wisconsin Fair Employment Act, Wis. Stat. Section 111.31 et seq., prohibits discrimination and retaliation in employment.

Anti-Retaliation Provision: Wis. Stat. Section 111.322(2m) makes it an act of employment discrimination to discharge or otherwise discriminate against an individual because that individual has opposed any discriminatory practice under the WFEA, filed a complaint, testified, or assisted in any proceeding under the WFEA.

Protected Classes:
- Age (40+)
- Race
- Creed
- Color
- Disability
- Marital status
- Sex (including pregnancy)
- Sexual orientation
- National origin
- Ancestry
- Arrest record
- Conviction record
- Military service
- Use of lawful products off-premises during non-work hours
- Declining to attend employer-sponsored meetings on political/religious matters
- Genetic testing

Administrative Exhaustion: A complaint must be filed with the Wisconsin Department of Workforce Development, Equal Rights Division (ERD) within 300 days of the alleged violation. Wis. Stat. Section 111.39(1).

Remedies under WFEA (Wis. Stat. Section 111.39(4)):
- Reinstatement
- Back pay (limited to 2 years)
- Reasonable attorney's fees
- Costs
- Compensatory damages
- Cease and desist orders

B. Wisconsin Common Law Public Policy Exception

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

Key Case Law:
- Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561 (1983) (seminal case)
- Hausman v. St. Croix Care Ctr., Inc., 214 Wis. 2d 655 (Ct. App. 1997) (healthcare whistleblowing)
- Kempfer v. Automated Finishing, Inc., 211 Wis. 2d 100 (Ct. App. 1997) (safety reporting)

Requirements:

Under Brockmeyer, a plaintiff must establish:
1. A discharge
2. A violation of a fundamental and well-defined public policy
3. The discharge was motivated by conduct furthering that public policy
4. No overriding legitimate business justification exists

Sources of Public Policy:
- Constitutional provisions
- Statutory law
- Administrative rules
- Judicial decisions

Statute of Limitations:
- Contract claims: Six (6) years. Wis. Stat. Section 893.43.
- Tort claims: Three (3) years. Wis. Stat. Section 893.54.

C. Wisconsin Whistleblower Law (Public Employees)

Wis. Stat. Section 230.80 et seq. protects state employees who report wrongdoing.

Protected Activity:
- Disclosing information regarding violations of law or rules
- Disclosing information regarding mismanagement or abuse of authority
- Disclosing information regarding substantial waste of public funds
- Disclosing information regarding danger to public health or safety

Application: This statute applies only to state employees, not private employers.

D. Workers' Compensation Retaliation

Wis. Stat. Section 102.35(3) prohibits discharge or discrimination against employees who file workers' compensation claims.

Statute of Limitations: Two (2) years from the date of the adverse action.

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]

Opposition to Discrimination/Harassment (WFEA)
- [ ] Complained internally about discrimination based on [age / race / creed / color / disability / marital status / sex / sexual orientation / national origin / ancestry / arrest record / conviction record / military service / genetic testing]
- [ ] 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 (WFEA)
- [ ] Filed a complaint with ERD or EEOC
- [ ] Participated in an ERD 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)
- [ ] Reported illegal activity to management
- [ ] Reported illegal activity to a government agency
- [ ] Refused to participate in illegal activity
- [ ] Reported safety violations
- [ ] Exercised a statutory right
- [ ] Performed a public duty (e.g., jury service)

Workers' Compensation Activity (Section 102.35(3))
- [ ] Filed a workers' compensation claim
- [ ] Testified in a workers' compensation proceeding
- [ ] Sought treatment for a work-related injury

Other Protected Activity
- [ ] Used lawful products off-premises during non-work hours
- [ ] Declined to attend employer-sponsored meetings on political/religious matters
- [ ] 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. Wisconsin courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Puetz Motor Sales, Inc. v. LIRC, 126 Wis. 2d 168 (Ct. App. 1985).

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. Wisconsin Fair Employment Act - Retaliation

Wis. Stat. Section 111.322(2m)

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 WFEA].

B. Common Law Wrongful Discharge - Public Policy Exception

As established in Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561 (1983), our client is entitled to recover for wrongful discharge in violation of public policy because:

[Select applicable theory]

• [ ] Reporting Theory: Our client was discharged for reporting illegal activity, specifically [describe the reporting and cite the public policy source].

• [ ] Refusal Theory: Our client was discharged for refusing to participate in illegal activity, specifically [describe the refusal 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 fundamental and well-defined public policy at issue is established by [cite specific Wisconsin statute, constitutional provision, or administrative rule].

C. Workers' Compensation Retaliation

Wis. Stat. Section 102.35(3)

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

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Wisconsin 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 on WFEA Back Pay Limitation: WFEA limits back pay recovery to two years. Common law claims are not subject to this limitation.

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 (common law claims):

Punitive damages: $[Amount]

D. Interest

Pre-judgment interest as provided by Wisconsin law.

E. Attorney's Fees and Costs

Wisconsin law provides for recovery of reasonable attorney's fees in WFEA and workers' compensation retaliation 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:
- ERD 300-day filing deadline: [Date]
- Common law claims (3-6 years): [Date]
- Workers' compensation retaliation (2 years): [Date]
- EEOC filing deadline (if applicable): [Date]

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

1. Retaliation in violation of Wisconsin Fair Employment Act, Wis. Stat. Section 111.322(2m)
2. Common law wrongful discharge under Brockmeyer
3. Workers' compensation retaliation, Wis. Stat. Section 102.35(3) [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 Wisconsin law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Wisconsin Statute Section 904.08 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:
- [ ] ERD Complaint (if applicable)
- [ ] EEOC Charge (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

WISCONSIN-SPECIFIC PRACTICE NOTES

300-Day ERD Deadline: Wisconsin provides 300 days to file with ERD, which is longer than the typical 180-day federal deadline. This provides more time for WFEA claims.

Two-Year Back Pay Limitation: The WFEA limits back pay recovery to two years. Consider common law claims for longer back pay periods.

Sexual Orientation Protection: Wisconsin was one of the first states to prohibit discrimination based on sexual orientation (since 1982).

Broad Protected Classes: WFEA protects more classes than federal law, including arrest record, conviction record, military service, use of lawful products off-premises, and genetic testing.

Captive Audience Meeting Protection: Wisconsin specifically protects employees who decline to attend employer-sponsored meetings on political or religious matters.

Brockmeyer Four-Part Test: Wisconsin uses a clear four-part test for common law wrongful discharge claims. The public policy must be "fundamental and well-defined."

Healthcare and Manufacturing Economy: Wisconsin has significant healthcare and manufacturing sectors. Retaliation issues commonly arise in these industries.

ERD Administrative Process: The ERD process can be lengthy. Consider whether to pursue the administrative process or request a right to sue for court filing.

Workers' Compensation Protection: Wisconsin has explicit statutory protection against retaliation for filing workers' compensation claims with a two-year statute of limitations.

Dual Track: Employees may pursue both WFEA claims and Brockmeyer common law claims simultaneously, though careful coordination is required.