GILES LAW FIRM LLC

825 Third Avenue, 4th Floor

New York, New York 10022
Writers contact information:
Joshua S.C. Parkhurst, Esq.
Tel. (201) 577-2644
jparkhurst@gileslawfirmllc.com

September 16, 2016

Karina Wilsher
Partner, CEO New York
Anomaly
536 Broadway, 11th Floor
New York, NY 10012
Re: Lucian Wintrich and- Anomaly Partners, LLC
Dear Ms. Wilsher:
We are the attorneys for Lucian Wintrich, a former employee of Anomaly Partners, LLC.
We are writing concerning the termination of Mr. Wintrichs employment by Anomaly Partners
LLC (Anomaly) on August 11, 2016
Mr. Wintrich was hired as a Community Manager for Anomalys account with Hersheys.
In this role, Mr. Wintrich was responsible for coordinating efforts between all departments,
including the accounts department, the strategy department, and the creative department to
then push content out online.
Throughout his employment, Mr. Wintrich met or exceeded all reasonable job related
expectations. In fact, for much of his employment, Mr. Wintrich performed much of the work
of the creative department for the account in addition to his role as Community Manager.
Despite his strong work performance, Mr. Wintrich faced hostility from his co-workers
and supervisors due to his out of work political and recreational activities. Mr. Wintrich is
openly gay. He is also an outspoken conservative commentator. In addition, Mr. Wintrich is a
well-regarded amateur photographer who has focused his hobby on exhibits featuring gay
subjects wearing conservative apparel.
In July of 2016, Mr. Wintrich informed Anomaly that he would be taking vacation time
to attend the Republican National Convention. At the convention, he and others hosted an
event for the Republican Party on behalf of gay conservatives. This event was well publicized in
the media.

Karina Wilsher
September 16, 2016
Page 2
Shortly after Mr. Wintrichs political activity became known, he found himself ostracized
and ignored by several co-workers and supervisors. He received a performance evaluation
from his direct supervisors Andy Craig and Katie Brown containing several negative critiques of
Mr. Wintrichs performance that were either grossly exaggerated or demonstrably false.
Despite this, Mr. Wintrich continued to perform his job at a high level. In fact, Mr. Craig
informed Mr. Wintrich on or about July 28th that the company would look to expand his role in
the future.
On August 10, 2016, Mr. Wintrich was featured in an article on the conservative news
site Breitbart.com. The day before, he was interviewed on a conservative television broadcast
produced by Newsmax.com. The article and interview both discussed his sexual orientation,
conservative political leanings, political activity at the Republican National Convention, and
photography hobby that had been exhibited at various conservative events (including an event
at the Republican National Convention). The Breitbart also noted that Mr. Wintrich had been
harassed and threatened due to these activities. The Breitbart article and Newsmax pieces
followed several similar articles on numerous internet based publications that highlighted Mr.
Wintrichs activities and the harassment that he was subjected to.
On August 11, 2016, Mr. Wintrich was informed by Mr. Craig that he was terminated. At
this meeting, Mr. Craig was unable to give any performance based reason for his termination. In
fact, he admitted that Mr. Wintrich had been doing an excellent job but that Anomaly
believed that Mr. Wintrich would be happier in a different field of work. In this conversation
Mr. Craig also stated that Mr. Wintrich would be happier pursuing his other interests.
Notably, Mr. Craig and the Human Resources representative at this meeting acknowledged that
the decision to terminate Mr. Wintrich had been made in the past 24 hours.
Anomalys termination of Mr. Wintrichs employment was not done for any legitimate
business reason but was rather done because his supervisors and managers objected to his
outside political and recreational activities. In addition, although Mr. Wintrich is gay, his
activities did not comport with the stereotypes of gay individuals that were held by his
supervisors.
Under these circumstances, it is our position that Mr. Wintrich has several claims
against Anomaly. First, Anomalys termination of Mr. Wintrich violates Section 201-d of the
New York State Labor Law, which prohibits discrimination in employment on the basis of an
employees political or recreational activities outside of work. Mr. Wintrichs appearance and
hosting an event at the Republican National Convention qualifies as political activity under
the Labor Law, and his photography and writing qualifies as recreational activity. Anomaly
was not permitted to terminate him for these activities under the Labor Law.
Second, Anomalys termination of Mr. Wintrich constitutes discrimination on the basis
of sexual orientation in violation of the New York State and New York City Human Rights Laws.

Karina Wilsher
September 16, 2016
Page 3
Mr. Wintrichs treatment by his supervisors and co-workers after learning of his political
viewpoints led to his ostracism and ultimately his termination because he did not fit their
stereotypical view of what a gay individual should believe. Such stereotyping is prohibited as
discrimination just as direct animus is prohibited.
Third, when Mr. Wintrich was terminated, his health benefits were inappropriately
cancelled retroactively. Mr. Wintrich in fact paid his monthly contribution for benefits at the
beginning of August, and was entitled to health benefits for that month. Upon information and
belief, the benefit contribution that was made by Mr. Wintrich to the benefits administrator
was returned to Anomaly, who has improperly retained Mr. Wintrichs contribution. We also
understand that Anomaly has retained Mr. Wintrichs contribution of his flexible spending
account for the month of August. Anomalys cancellation of Mr. Wintrichs benefits and
retention of his contributions to his accounts constitute both unlawful denial of benefits and
breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA).
Because Mr. Wintrich is eligible for benefits under the plan, we are requesting, pursuant to
Section 104(b)(2) of ERISA, 29 U.S.C. sec. 1024(b), the latest updated summary plan description,
the latest annual report and any document under which his plan for benefits was established.
Pursuant to Section 502(c)(1)(B) of ERISA, 29 U.S.C. sec. 1132(c)(1)(B), you have 30 days to
comply with this request.
Fourth, pursuant to his offer letter, Mr. Wintrich was entitled to one months notice
prior to termination. In lieu of such notice, Anomaly may pay him one months severance pay.
Anomaly, however, has failed to do so and has only offered Mr. Wintrich one months
severance pay if he signs a release and non-disclosure agreement. Mr. Wintrich is, however,
entitled to such payment under his offer letter and is not required to sign any severance
agreement in order to receive it. This should be paid immediately.
Given the variety of meritorious claims that Mr. Wintrich has against Anomaly we would
normally advise him to immediately take legal action in court and/or the appropriate
administrative agencies. Mr. Wintrich, however, has expressed a desire to resolve this matter
through negotiations to avoid unnecessary expense, acrimony, and media attention that a
public proceeding would bring. Please contact the undersigned within 2 weeks of your receipt
of this letter. If we do not hear from you by then, we will assume that you have no interest in
resolving this matter and advise our client to proceed accordingly.
In addition, by this letter, please be advised we are demanding that Anomaly take any
and all action necessary to preserve any documents or electronically stored information
relevant to this dispute. Relevant rules in federal and state courts, as well as administrative
agencies, require parties to take appropriate steps to preserve all evidence that may be
relevant to claims that may be asserted. In this instance, Anomaly is under a duty to preserve
document and electronically stored information relating to Mr. Wintrichs claims. This includes
employment records and all communications to/from and about Mr. Wintrich. Upon
information and belief, several individuals outside of Anomaly sent emails to Anomaly

Karina Wilsher
September 16, 2016
Page 4
concerning Mr. Wintrich in response to the articles in which he is highlighted. Anomaly is under
a duty to preserve these records as well as emails that were exclusively internal to Anomaly.
We note that if Anomaly fails to take appropriate steps to preserve such documents and/or
electronically stored information that it may be subject to civil and/or criminal penalties,
including fines and/or adverse inference instructions by the court, jury, or administrative
agency that would hear such a case. We suggest that you immediately consult with your
information technology department to ensure that all relevant information is preserved.
Very truly yours,

Joshua Parkhurst