WHISTLEBLOWER PROTECTION DEMAND LETTER

NOTICE: PRESERVE ALL DOCUMENTS

This letter concerns claims of whistleblower retaliation. You are hereby notified to preserve all documents, communications, and records related to [EMPLOYEE NAME]'s employment, protected activity, and any adverse employment actions taken against them.

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND EMAIL: [EMAIL ADDRESS]

[COMPANY NAME]
[ATTENTION: GENERAL COUNSEL / HR DIRECTOR / CEO]
[ADDRESS]
[CITY, STATE ZIP]

RE: Whistleblower Retaliation - Demand for Immediate Corrective Action

Employee: [EMPLOYEE NAME]
Employee ID: [EMPLOYEE ID]
Position: [JOB TITLE]
Department: [DEPARTMENT]

Dear [RECIPIENT NAME/TITLE]:

I am writing on behalf of [EMPLOYEE NAME] ("Employee") to formally notify [COMPANY NAME] ("Company") that the Company has engaged in unlawful retaliation against the Employee in violation of federal and/or state whistleblower protection laws. This letter serves as a demand for immediate corrective action and preservation of all relevant documents.

I. BACKGROUND

A. Employment History

[EMPLOYEE NAME] was employed by [COMPANY NAME] beginning on [START DATE] in the position of [JOB TITLE] in the [DEPARTMENT] department. Throughout their employment, [EMPLOYEE NAME] consistently received [POSITIVE/SATISFACTORY] performance evaluations and had [NO/MINIMAL] disciplinary issues prior to engaging in protected activity.

[Add relevant employment history details]

B. Protected Whistleblowing Activity

On or about [DATE(S)], [EMPLOYEE NAME] engaged in protected whistleblowing activity by:

☐ Reporting suspected violations of law to [RECIPIENT OF REPORT]
☐ Filing a complaint with [GOVERNMENT AGENCY]
☐ Refusing to participate in conduct [EMPLOYEE] reasonably believed to be unlawful
☐ Providing information to [INVESTIGATORS/AUTHORITIES]
☐ Testifying or assisting in an investigation or proceeding
☐ Other protected activity: _________________________________

Specifically, [EMPLOYEE NAME]:

[Detailed description of the protected activity - what was reported, to whom, when, and how]

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

C. The Reported Violation(s)

[EMPLOYEE NAME] reported concerns regarding:

☐ Violations of the False Claims Act (government contract/program fraud)
☐ Securities fraud or SEC rule violations
☐ Shareholder fraud
☐ Wire fraud, mail fraud, or bank fraud
☐ Violations of workplace safety and health regulations
☐ Environmental law violations
☐ Other federal law violations: _________________________________
☐ State law violations: _________________________________

Description of the underlying violation reported:

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

II. RETALIATORY ACTIONS

Following [EMPLOYEE NAME]'s protected whistleblowing activity, the Company took the following adverse employment actions:

A. Summary of Retaliatory Conduct

B. Detailed Description of Retaliation

[Select and customize applicable sections]

1. Termination/Discharge

On [DATE], [EMPLOYEE NAME] was terminated from employment. The stated reason was [STATED REASON], which is pretextual because:

_____________________________________________________________________________

_____________________________________________________________________________

2. Demotion

On [DATE], [EMPLOYEE NAME] was demoted from [PREVIOUS POSITION] to [NEW POSITION], resulting in:
- Loss of [RESPONSIBILITIES/AUTHORITY]
- Reduction in compensation of $[AMOUNT]
- Loss of [BENEFITS/PERKS]

3. Suspension

On [DATE], [EMPLOYEE NAME] was suspended [WITH/WITHOUT] pay for [DURATION]. This suspension was:
- Without prior warning
- Inconsistent with company policy
- Disparate from treatment of similarly situated employees

4. Hostile Work Environment/Harassment

Following the protected activity, [EMPLOYEE NAME] was subjected to:
- [DESCRIPTION OF HARASSMENT]
- [HOSTILE TREATMENT]
- [ISOLATION/EXCLUSION]

5. Other Adverse Actions

• [NEGATIVE PERFORMANCE REVIEW on DATE despite prior positive reviews]
• [DENIAL OF PROMOTION to POSITION on DATE]
• [REDUCTION IN HOURS/PAY on DATE]
• [TRANSFER/REASSIGNMENT on DATE]
• [OTHER ADVERSE ACTION]

C. Evidence of Retaliatory Intent

The retaliatory nature of these actions is evidenced by:

1. Temporal Proximity: The adverse action(s) occurred within [TIME PERIOD] of the protected activity.

2. Knowledge: [DECISION-MAKER] knew of [EMPLOYEE NAME]'s protected activity because [EXPLAIN HOW].

3. Prior Positive Treatment: Prior to the protected activity, [EMPLOYEE NAME] had [POSITIVE PERFORMANCE HISTORY/NO DISCIPLINE/ETC.].

4. Departure from Policy: The Company's actions departed from established policies and procedures by [EXPLAIN].

5. Disparate Treatment: Similarly situated employees who did not engage in protected activity were treated more favorably. [PROVIDE EXAMPLES]

6. Pretextual Justification: The Company's stated reasons for the adverse action are false or inconsistent because [EXPLAIN].

7. Direct Evidence: [DESCRIBE ANY DIRECT STATEMENTS OR EVIDENCE OF RETALIATORY MOTIVE]

III. APPLICABLE LAW

A. Federal Whistleblower Protections

[Select applicable statutes]

☐ False Claims Act, 31 U.S.C. § 3730(h)
The FCA prohibits retaliation against employees who investigate, initiate, testify in, or assist in FCA actions or actions to stop FCA violations. Remedies include reinstatement, double back pay, interest, and attorney's fees.

☐ Sarbanes-Oxley Act Section 806, 18 U.S.C. § 1514A
SOX Section 806 prohibits publicly traded companies from retaliating against employees who report securities fraud, shareholder fraud, wire fraud, mail fraud, bank fraud, or violations of SEC rules. Remedies include reinstatement, back pay, compensatory damages, and attorney's fees.

☐ Dodd-Frank Act, 15 U.S.C. § 78u-6(h)
Dodd-Frank prohibits retaliation against whistleblowers who provide information to the SEC, assist in SEC investigations, or make disclosures required by SOX or the Exchange Act. Remedies include reinstatement, two times back pay, and attorney's fees.

☐ OSHA Section 11(c), 29 U.S.C. § 660(c)
Section 11(c) prohibits retaliation against employees who file safety complaints, participate in OSHA inspections, or exercise rights under the OSH Act.

☐ Other Federal Statute: _________________________________

B. State Whistleblower Protections

[Select applicable state laws]

☐ California Labor Code § 1102.5
California law prohibits retaliation against employees who disclose violations of law to supervisors or government agencies. Remedies include reinstatement, back pay, and attorney's fees.

☐ New York Labor Law § 740
New York law (as amended 2022) prohibits retaliation against employees who disclose activities that violate any law, rule, or regulation. Remedies include reinstatement, back pay, front pay, compensatory damages, punitive damages (if willful), and attorney's fees.

☐ Texas Government Code Chapter 554
The Texas Whistleblower Act protects public employees who report violations of law to appropriate law enforcement authorities.

☐ Florida Statutes § 448.102
Florida law protects private sector employees (at companies with 10+ employees) who disclose or object to violations of law.

☐ Other State Statute: _________________________________

IV. LEGAL CLAIMS

Based on the foregoing, [EMPLOYEE NAME] has viable claims for:

A. Federal Claims

☐ Whistleblower retaliation under the False Claims Act, 31 U.S.C. § 3730(h)
☐ Whistleblower retaliation under Sarbanes-Oxley Act Section 806, 18 U.S.C. § 1514A
☐ Whistleblower retaliation under Dodd-Frank Act, 15 U.S.C. § 78u-6(h)
☐ Whistleblower retaliation under OSHA Section 11(c), 29 U.S.C. § 660(c)
☐ Other federal whistleblower claims: _________________________________

B. State Claims

☐ Whistleblower retaliation under [STATE] law
☐ Wrongful termination in violation of public policy
☐ Breach of implied contract
☐ Intentional infliction of emotional distress
☐ Other state law claims: _________________________________

V. DAMAGES

[EMPLOYEE NAME] has suffered and continues to suffer substantial damages as a result of the Company's unlawful retaliation, including but not limited to:

A. Economic Damages

B. Non-Economic Damages

• Emotional distress, anxiety, and depression
• Damage to professional reputation
• Humiliation and embarrassment
• Physical symptoms resulting from stress
• Loss of career advancement opportunities

C. Statutory Damages and Multipliers

Under applicable law, [EMPLOYEE NAME] may be entitled to:

☐ Double back pay (FCA, 31 U.S.C. § 3730(h))
☐ Two times back pay (Dodd-Frank, 15 U.S.C. § 78u-6(h))
☐ Punitive damages (where available under state law)
☐ Civil penalties (where available)

D. Attorney's Fees and Costs

Under the applicable whistleblower protection statutes, [EMPLOYEE NAME] is entitled to recover reasonable attorney's fees, expert witness fees, and litigation costs.

VI. DEMANDS

[EMPLOYEE NAME] hereby demands that [COMPANY NAME] take the following actions within [14/21/30] DAYS of the date of this letter:

A. Immediate Corrective Action

☐ Reinstatement to [EMPLOYEE NAME]'s former position of [JOB TITLE] with full seniority status

☐ Reversal of all adverse employment actions taken against [EMPLOYEE NAME]

☐ Expungement of all negative references, disciplinary records, and adverse information from [EMPLOYEE NAME]'s personnel file

☐ Cease and desist from any further retaliatory conduct

B. Monetary Compensation

C. Other Relief

☐ Written commitment that no further retaliation will occur
☐ Neutral reference for future employment
☐ Agreement not to contest unemployment benefits
☐ Training for managers on whistleblower protections
☐ Other: _________________________________

VII. DOCUMENT PRESERVATION DEMAND

Pursuant to [EMPLOYEE NAME]'s potential claims, you are hereby directed to immediately preserve all documents and electronically stored information ("ESI") related to:

1. [EMPLOYEE NAME]'s employment, including but not limited to personnel files, performance reviews, compensation records, and communications

2. The protected activity and underlying violation(s) reported by [EMPLOYEE NAME]

3. The decision to take adverse action against [EMPLOYEE NAME], including all communications, meeting notes, and decision documents

4. Company policies regarding whistleblower protection, retaliation, and the matters reported by [EMPLOYEE NAME]

5. Similarly situated employees and any adverse actions taken or not taken against them

6. Any investigations of [EMPLOYEE NAME]'s reports or the matters they reported

Failure to preserve relevant documents may result in spoliation sanctions.

VIII. RESPONSE REQUIRED

Please respond to this letter in writing within [14/21/30] DAYS of the date hereof. Your response should indicate whether the Company is willing to:

1. Engage in good-faith settlement discussions
2. Provide the corrective action and compensation demanded
3. Participate in mediation

Failure to respond or to adequately address the matters raised in this letter will result in [EMPLOYEE NAME] pursuing all available legal remedies, including but not limited to:

☐ Filing a complaint with OSHA
☐ Filing a complaint with the SEC
☐ Filing a complaint with the DOL
☐ Filing a civil lawsuit in federal court
☐ Filing a civil lawsuit in state court
☐ Filing a complaint with [STATE AGENCY]

IX. RESERVATION OF RIGHTS

[EMPLOYEE NAME] reserves all rights and remedies available under federal and state law. Nothing in this letter shall be construed as a waiver of any claim or defense. [EMPLOYEE NAME] may pursue additional claims and seek additional damages beyond those identified herein as facts are developed.

X. CONFIDENTIALITY

This letter is sent for purposes of settlement negotiations and is protected by Federal Rule of Evidence 408 and applicable state law. The contents of this letter are confidential and may not be disclosed to third parties without written consent.

Sincerely,

_____________________________________________
[ATTORNEY NAME] / [EMPLOYEE NAME if pro se]

[IF REPRESENTED BY COUNSEL:]
[FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
[BAR NUMBER]

Attorney for [EMPLOYEE NAME]

cc:
☐ [EMPLOYEE NAME]
☐ [COMPANY'S REGISTERED AGENT]
☐ [OTHER]

STATE-SPECIFIC NOTES

California

California Labor Code § 1102.5 provides strong protections and allows for attorney's fees to prevailing plaintiffs. California courts apply a burden-shifting framework favorable to employees. As of January 2025, employers must post whistleblower rights notices. The statute of limitations is 3 years.

New York

New York Labor Law § 740 (amended 2022) provides expansive protections covering disclosures of any law, rule, or regulation violations. Remedies include front pay and punitive damages for willful violations. The statute of limitations is 2 years. Employers must post notice of employee rights.

Texas

The Texas Whistleblower Act only covers public employees. Private sector employees must rely on federal protections. For public employees, exhaustion of administrative remedies is required before filing suit, and the statute of limitations is 90 days after exhaustion.

Florida

Florida Whistleblower Act (Fla. Stat. § 448.102) covers private employers with 10+ employees. Note that if the employee does not prevail, they may be liable for the employer's attorney's fees. Punitive damages are not available under Florida law.

IMPORTANT REMINDERS

☐ STATUTE OF LIMITATIONS: Filing this demand letter does NOT stop the statute of limitations from running. Be aware of filing deadlines:
- OSHA Section 11(c): 30 days
- SOX Section 806: 180 days
- FCA § 3730(h): 3 years
- Dodd-Frank: 6 years
- State laws vary

☐ PRESERVE EVIDENCE: Keep copies of all documents, communications, and evidence in a secure location outside of company systems.

☐ DOCUMENT EVERYTHING: Continue to document any ongoing retaliation or adverse treatment.

☐ CONSULT COUNSEL: This template is for informational purposes only. Consult an experienced whistleblower attorney before sending.

This template is provided for educational purposes only and does not constitute legal advice. Whistleblower retaliation claims are complex and have strict procedural requirements. Consult with an attorney experienced in whistleblower law before taking any action.