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Every employee in the United States has rights protected by federal and state labor laws. Labor laws and worker protection ensure fair wages, safe working conditions, and protection from discrimination and harassment. If an employer violates these rights, employees have the right to report these violations and seek justice.
Reporting an employment law violation can help protect the affected worker and other employees in the workplace. The process typically involves filing a complaint internally with human resources or externally with the appropriate government agency. Depending on the violation, workers may file a complaint to the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), or state labor boards.
Workers are also protected from retaliation for reporting violations. Federal and state laws prohibit employers from firing, demoting, or punishing employees for filing complaints or cooperating with investigations.
Reporting Employment Law Violations
Labor laws guarantee workers’ rights and welfare, intending to safeguard them from various forms of unjust treatment. Even with these protections in place, labor law violations remain prevalent, and when they occur, they can leave employees feeling helpless and unsure of where to turn for assistance. However, there are ways for workers to stand up for their rights and seek the support they need.
You have options if you believe your employer is violating labor laws or targeting you at work. At first, filing a complaint may seem daunting, but it’s a crucial step in safeguarding your rights and seeking accountability from your employer. By understanding how the complaint process works, you can take the necessary steps to secure your job, address the issue, protect your rights, and help turn the workplace into a fairer place for everyone.
How To File A Complaint Against Your Employer
Knowing where to report an employment law violation is crucial for ensuring your complaint gets handled properly. The appropriate reporting channel depends on the type of violation.
Often, the first step is to report the violation to your employer. Companies usually have policies for handling workplace issues, typically through Human Resources (HR) or a designated compliance officer. Internal reporting may resolve the issue quickly, especially if the employer is willing to address the problem. Employees can report the issue to the appropriate federal or state agency if it remains unresolved internally or if the violation is severe.
Reporting Wrongful Termination
The majority of U.S. workers are considered ‘at-will,’ meaning they can be fired at any time for any lawful reason, as long as it does not violate anti-discrimination or labor laws. It is illegal for an employer to fire an employee based on race, color, religion, sex, national origin, age, disability, or genetic information or in retaliation for engaging in protected activities. When a company terminates an employee for reasons that violate labor laws, it is considered wrongful termination.
Generally, wrongful termination claims are subject to a statute of limitations, which means you have a limited time to file. For federal claims, you typically have 180 days to file with the EEOC.
Some states have different timelines. For example, in California, you have 3 years to file with the Department of Fair Employment and Housing (DFEH). Depending on why your employer fired you, you’ll likely need to file a complaint with a government agency (either federal or state). In some cases, you might also be able to file a wrongful termination lawsuit.
If an employer fires you for an unlawful reason, seek legal advice as soon as possible. Missing the filing deadline can mean you won’t have another chance to pursue your case, so don’t wait too long to take action.
Employees may have a valid claim if they were fired for the following:
Wrongful Termination Due To Retaliation For Whistleblowing
If your employer fired you for reporting a workplace violation, it may constitute wrongful termination due to retaliation. Whistleblower protection laws safeguard employees from retaliation. What is whistleblowing? It occurs when an employee reports illegal, unethical, or unsafe activities within a company or organization. These activities include violations of labor laws, workplace safety hazards, fraud, discrimination, environmental violations, or other unlawful conduct.
If you were fired after reporting misconduct, you have the right to file a complaint with OSHA or another appropriate agency. To file a complaint, you must show that:
- You engaged in a protected activity (such as reporting a legal violation).
- Your employer knew or suspected that you engaged in this activity.
- Your employer took an adverse action against you (such as firing, demoting, or harassing you).
- Your protected activity motivated or contributed to the adverse action.
You can file your complaint in several ways:
- Online — Use the Online Whistleblower Complaint Form.
- Fax, Mail, or Email — Send a letter or a printed copy of the complaint form to your local OSHA office. Include your name, address, email, and phone number.
- Phone — Contact your local OSHA office. You can also call OSHA’s national helpline at 1-800-321-OSHA.
- In-Person — Visit your local OSHA office to file a verbal or written complaint.
If you need an interpreter, call your local OSHA office for assistance. You may also contact Arash Law for legal help. We can assess your situation to see if you can take legal action against your employer. If you prefer to communicate in a language other than English, you can inform our team.
If you work in a state with an OSHA-approved State Plan, the appropriate state agency will receive your complaint. You cannot file complaints anonymously. If OSHA investigates, your employer will receive notification, but you can provide witness details later in the process.
Wrongful Termination Due To Employment Discrimination
It is illegal for your employer to fire you based on discrimination. Federal and state laws protect employees from getting fired due to:
- Race
- Color
- Religion
- Sex (including gender identity and sexual orientation)
- National origin
- Age (if you’re 40 or older)
- Disability
- Genetic information
If you believe discrimination led to your termination, state laws may offer further protections. You can file a complaint with the EEOC or a state agency to pursue justice. Employment attorney Michelle Rapoport, who leads the Employment Law Department at Arash Law, has years of experience advocating for workers and can help you through the process.
Before filing a lawsuit, you must file a Charge of Discrimination with the EEOC. There are time limits for filing a charge, so it’s crucial to take action as soon as possible.
Here are some ways to file an EEOC complaint:
- Online — Use the EEOC Public Portal to submit an inquiry and schedule an interview.
- In-Person — Visit your nearest EEOC office. You can schedule an appointment online or walk in. If filing overseas, go to the EEOC field office near your employer’s corporate headquarters.
- By Phone — Call 1-800-669-4000 to discuss your case. While you cannot file charges by phone, the EEOC representative will guide you through the process.
- By Mail — Send a signed letter with the following details:
- Your name, address, email, and phone number.
- Employer’s name, address, and phone number.
- Number of employees (if known).
- A short description of the discrimination (e.g., fired, demoted, harassed).
- Date of the incident and the reason you believe discrimination occurred.
- Through a State or Local Agency — Many states have Fair Employment Practices Agencies (FEPAs) that enforce anti-discrimination laws. Some FEPAs have agreements with the EEOC that allow you to file your claim with both agencies simultaneously.
Once the EEOC reviews your complaint, it may contact you for more details. If your case qualifies, they will investigate and may take legal action on your behalf.
Wrongful Termination For Exercising Your Legal Rights
It is illegal for your employer to fire you for exercising your employment rights. This includes taking medical leave under the Family and Medical Leave Act (FMLA), reporting wage violations, filing a workers’ compensation claim, or participating in a workplace investigation. These laws exist to protect employees from retaliation and ensure fair treatment in the workplace.
If you believe your employer has violated your rights, report the issue to the appropriate agency. For state law violations, contact your state employment agency for guidance. For federal law violations, report to the relevant federal agency. For instance, employees should report FMLA violations to the DOL.
Wrongful Termination From Employer’s Breach Of Contract
If you have an employment contract, your employer can only terminate you based on the terms and conditions outlined in the agreement. Firing you in violation of your contract is illegal and may give you grounds for a wrongful termination claim.
The process depends on the type of contract you have:
- Union Contracts (Collective Bargaining Agreement) — Contact your union representative for help filing a grievance.
- Non-Union Contracts — You may have grounds for a wrongful termination lawsuit.
Not all contracts are in writing. Some are implicit, which means they rely on the actions or policies of the employer. Even employee handbooks can create implied contracts. If you believe your employer breached your contract, consult an employment attorney to explore your options.
Reporting Wage And Hour Violations
The Fair Labor Standards Act (FLSA) requires employers to pay at least the federal minimum wage and overtime pay (time and a half) for employees working over 40 hours a week. If your employer fails to meet these requirements, you may seek back pay for the wages they wrongly denied.
Examples of wage violations include unpaid wages, such as failure to pay minimum wage or overtime pay, or failure to reimburse business expenses. Employers may also violate labor laws by failing to provide required rest and meal breaks, itemized wage statements, or workers’ compensation insurance. These violations can cause financial hardship for employees, so they should report them as soon as possible.
You can file a complaint with the Wage and Hour Division (WHD) of the DOL:
- Online — File using the WHD complaint form.
- In Person — Visit a local WHD office.
- By Phone — Call 1-866-487-9243 (toll-free).
When filing, be prepared to provide:
- Your contact information.
- Employer details (name, address, phone number, type of business).
- Job title and description of work performed.
- Pay details (pay stubs, rate of pay, method, and payment frequency).
- Dates and description of the violations.
A third party can file a complaint on your behalf if needed. You also have the right to file a complaint regardless of your immigration status. After filing, the WHD will review your case and may launch an investigation. They will reach out if more details are needed.
The statute of limitations is two years for non-willful violations and three years for willful violations. State deadlines vary, so it’s best to file your complaint as soon as possible. If you’re unsure about your rights or need assistance, consider consulting an employment lawyer.
Reporting Health And Safety Violations
Every worker deserves a safe and healthy workplace. Employers must follow safety laws to prevent workplace accidents, injuries, and exposure to harmful chemicals or conditions. If your workplace is unsafe, you have rights that protect you. These rights ensure you can work without unnecessary risks and take action if safety violations occur.
Under the California Occupational Safety and Health Act, all employees have the right to:
- Work in a safe environment with properly maintained machines.
- Refuse work that exposes them to serious hazards.
- Receive safety training in a language you understand.
- Get the required safety gear (gloves, harnesses, etc.).
- Be protected from toxic chemicals.
- Request an OSHA inspection and speak to the inspector.
- Report injuries or illnesses and access medical records.
- Review workplace injury and illness records.
- See results of workplace hazard tests.
You can file a complaint if your job exposes you to unsafe conditions. To report a workplace safety or health hazard, you can:
- Call your nearest Cal/OSHA Enforcement District Office (Monday through Friday, 8 AM to 5 PM).
- Email your local Cal/OSHA Enforcement District Office (they will follow up if needed).
- Use the Cal/OSHA district office locator to find your nearest office.
All workers have the right to file a complaint with Cal/OSHA if they believe their workplace is unsafe or unhealthy. Employees or their representatives can file formal complaints, which may lead to onsite inspections if serious hazards are reported. Others, such as concerned third parties, can submit non-formal complaints, which may result in an inquiry rather than an immediate inspection.
If you sustained work injuries due to safety hazards, you may have the right to workers’ compensation benefits. You may also be able to file a personal injury lawsuit if third-party negligence played a role in the accident. Employers are legally required to maintain a safe work environment, and if they fail to do so, they could be held accountable. You might wonder, “Do I need a personal injury lawyer?” An experienced injury attorney can assess your case, help you navigate the claims process, and assist in pursuing compensation.
Information Needed To File A Workplace Safety Complaint With Cal/OSHA
It is imperative to provide detailed information when reporting a workplace safety or health hazard to Cal/OSHA to ensure a comprehensive investigation. You don’t need to know specific safety regulations, but the more details you include, the better the agency can assess the situation.
Here’s what you should provide when filing a complaint:
- Employer and worksite information, such as:
- Name, address, and phone number of the employer and worksite.
- Name and job title of the manager overseeing the worksite.
- Hazard description like:
- Description of the hazard, the work performed, and materials, equipment, or chemicals involved.
- Duration of the hazard and any corrective actions taken.
- Exposure and safety information, including:
- Number of employees at the site and those exposed to the hazard.
- How and when employees are exposed to the risk.
- Whether employees have been informed or trained about the hazard.
- Whether protective equipment is required and if employees are using it.
- Injury or incident details, which include:
- Any injuries, illnesses, or near-miss incidents, including medical treatment.
- Any tests conducted by the employer on the hazard.
- Additional information:
- Work shifts and the times the hazard occurs.
- Whether an onsite inspection or investigation by letter is preferred.
- The party that filed the complaint (employee, union representative, or another party).
Include your name, contact number, and email address when filing your complaint. This information allows Cal/OSHA to follow up with you, ask for additional details, and keep you informed throughout the complaint process.
Frequently Asked Questions About Reporting Employment Law Violations
If you have questions about your situation, the information below covers common inquiries related to reporting workplace violations. For personalized assistance, contact our employment lawyers at (888) 488-1391. We aim to equip you with the knowledge you need to navigate the legal process.
Should I Report Wrongful Termination To Human Resources?
It depends on your specific situation. HR might resolve the issue quicker than a complaint or lawsuit, but if you believe HR was involved in your firing or worry about retaliation, it may not be the best choice. Consulting an employment attorney can help you weigh the pros and cons before deciding.
Can I Handle My Employment Case On My Own, Or Do I Need An Attorney?
You can handle some employment cases on your own, especially simpler issues. However, for complex matters like harassment, discrimination, or wage disputes, consider consulting an employment attorney. While hiring a lawyer isn’t legally required, having one can protect your interests and help avoid common mistakes.
When Is The Right Time For An Employee To Contact An Employment Attorney?
Contact an employment lawyer when you identify an issue your employer hasn’t resolved. While instantly hiring an attorney isn’t necessary, you can start by contacting the EEOC, which can investigate your claim and help assess the evidence. Depending on its findings, the EEOC may advise seeking legal help, but you’re free to consult a skilled employment lawyer at any stage of the process.
How Much Does An Employment Lawyer Cost?
The cost of an employment lawyer typically depends on the complexity of your case, such as how much evidence-gathering and preparation it needs or whether it has to be taken to trial. At Arash Law, we understand that legal fees can be a concern, which is why our lawyers work on a contingency fee basis for cases involving wrongful termination, discrimination, and other employment law issues. Under this fee structure, you only pay the attorney’s fees if we recover compensation on your behalf. Note that regardless of the outcome of your claim, you may be responsible for other case-related expenses.
How Long Will My Employment Case Take To Resolve?
It can vary based on the complexity of the issue and the specifics of your situation. More complex cases may take a year or more, as both sides may have to resolve disputes regarding certain facts of your case. More minor cases often settle within a year, especially if their details are straightforward.
Factors like the opposing counsel’s approach, the complexity of the case, court schedules, and the client’s cooperation can all impact the timeline. Additionally, a settlement can happen anytime, potentially ending your case earlier than expected. Your employment attorney can come up with a more accurate timeline based on the details of your case.
Do I Need To Go To Court To Settle My Employment Case?
You don’t always need a court to settle an employment lawsuit. Many cases get resolved through negotiation or out-of-court settlements. However, if the issue remains unaddressed or you face retaliation, legal action may be necessary.
Before deciding, consider the following:
- What do you want to achieve? If it’s something simple like a pay raise or a letter of recommendation, try negotiating first.
- How strong is your case? You’ll need solid evidence (documents, not suspicions) to support it. Consult with an experienced employment lawyer to evaluate your case.
What Damages Are Available In An Employment Law Case?
In an employment law case, you may receive two types of damages: economic and non-economic.
Economic damages include:
- Lost Wages and Benefits — Compensation for the income you lost due to the wrongful actions.
- Back Pay — Unpaid wages, overtime, or bonuses you should have received.
- Liquidated Damages — Reimbursement for the sum of your lost wages and back pay, along with interest.
Non-economic damages, such as:
- Mental Anguish — Compensation for emotional suffering, such as stress, anxiety, or PTSD, caused by the violation.
- Emotional Distress — Covers the impact of the violation on your emotional well-being and mental health.
- Loss of Enjoyment of Life — Pays for the adverse effect on your quality of life, such as the emotional toll of losing your job or sense of purpose.
Consult our competent employment attorneys today. We can help you identify potential damages that may be available in your case and guide you through the legal process.
Need An Employment Lawyer? Call Arash Law Today!
No one should have to endure mistreatment, discrimination, or injustice in the workplace. If you’ve experienced wrongful termination, harassment, wage theft, or any other violation, know that you have legal rights that may have been violated. Our experienced employment lawyers will stand by your side, guide you through your options, and work to pursue compensation. You don’t have to face this challenge alone.
At Arash Law, we advocate for workers’ rights, just like our car accident lawyers advocate for crash victims. As a personal injury law firm representing clients in California, we have handled various workplace accident claims. You don’t have to wait to explore your legal options. Complete our “Do I Have A Case?” form for a free, no-obligation case review, or call us at (888) 488-1391 to speak with a skilled employment lawyer today!
Our employment attorneys also assist employees who have been injured on the job or affected by unsafe work conditions. In some cases, these workplace accidents may lead to issues like wrongful termination, wage disputes, or retaliation. Examples of incidents we handle include:
