How To Report Employment Law Violations

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 not only the affected worker but also 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 otherwise 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 are still prevalent, and when they do, it can leave employees feeling helpless and unsure of where to turn for help. 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 ensuring accountability from your employer. By understanding how the complaint process works, you can take the necessary steps to secure your job, address the issue, 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.

In many cases, the first step is to report the violation to your employer. Companies often have policies in place 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 Equal Employment Opportunity Commission (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 the Occupational Safety and Health Administration (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 assistance with your complaint. They have team members who speak languages other than English, including Spanish, Italian, Farsi, Korean, French, Mandarin, and more.

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:

If you believe discrimination led to your termination, state laws may offer further protections. You can file a complaint with the file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or a state agency to pursue justice. Employment attorney Michelle Rapoport, who leads the Employment Law Department at Arash Law, has extensive experience advocating for workers and can help you through the process.

Before filing a lawsuit, you must first 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 from 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, they 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 legal 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 U.S. Department of Labor (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 receive back pay for the wages they wrongly denied you.

Examples of wage violations include unpaid wages, such as failure to pay minimum wage, overtime pay, or 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 U.S. Department of Labor:

• 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 frequency of payment).
• 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 that 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.

If your job exposes you to unsafe conditions, you can file a complaint. To report a workplace safety or health hazard, you can:

• Call your nearest Cal/OSHA Enforcement District Office (Monday–Friday, 8 AM–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 the office nearest to you.

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 can be held accountable. You might be wondering, “Do I need a personal injury lawyer?” An experienced injury attorney can assess your case, help you navigate the claims process, and fight for the compensation you deserve.

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 times the hazard occurs.
  • Whether an onsite inspection or investigation by letter is preferred.
  • The party who 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 claim, we’re here to help. Our experienced employment lawyers have answered common questions to provide you with useful information. For personalized assistance, contact us at (888) 488-1391. We aim to equip you with the knowledge you need to navigate the legal process with confidence.

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 making a decision.

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, it’s wise to consult 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?

Reach out to an employment lawyer when you identify an issue that your employer hasn’t resolved. While instantly hiring an attorney isn’t necessary, you can start by reaching out to the EEOC, which can investigate your claim and help assess the evidence. Depending on their findings, the EEOC may advise seeking legal help, but you’re free to consult a skilled legal professional at any stage of the process.

How Much Does An Employment Lawyer Cost?

At Arash Law, we understand that legal fees can be a concern, which is why our employment lawyers work on a contingency fee basis for cases involving wrongful termination, discrimination, and other employment law issues. You only pay if we win your case, giving you peace of mind and the confidence to move forward with your legal claim.

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. High-value cases may take a year or more due to both sides fighting harder to increase or decrease the value of your case. Smaller cases often settle within a year, as corporations are less likely to invest time and resources in lengthy battles.

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 at any time, potentially ending your case earlier than expected. Your employment attorney can provide you 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 to go to 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 just suspicions) to win. Consult with an experienced employment lawyer to assess your chances.

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 income you lost due to the wrongful actions.
• Back Pay — Payment for 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 the violation has had on your emotional well-being and mental health.
• Loss of Enjoyment of Life — Pays for the negative effect on your quality of life, including the emotional toll of losing your job or sense of purpose.

Consult our competent employment attorneys today. With a proven track record of recovering substantial settlements for our clients, we can help you identify the full range of damages you’re entitled to and guide you through the entire 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 rights, and you deserve justice. Our experienced employment lawyers will stand by your side, guide you through your options, and fight for fair compensation. You don’t have to face this battle alone.

At Arash Law, we fight tirelessly for workers’ rights, just like our car accident lawyers advocate for crash victims. Regarded as one of the biggest personal injury law firms in California, we have recovered over 500 million dollars for our clients. Don’t wait to get the justice you deserve. Fill out 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!