Every worker in California has the legal right to be treated with fairness and dignity. They must be able to perform their work duties free of harassment, discrimination, wage theft, and retaliation. Any worker that finds themselves mistreated in the course of their work duties should take certain actions in order to preserve their rights. In most situations, this will begin with filing a formal workplace complaint.
Understanding When You May Need to File a Complaint
Workers should be familiar with the various situations in which they may need to file a formal complaint. A few of these violations that may necessitate a complaint include:
- Discrimination (See Gov. Code § 12940)
- Harassment (See Gov. Code § 12940(j))
- Retaliation (See Labor Code § 1102.5)
- Wage and Hour Violations (See Labor Code §§ 200–558)
Many issues can be resolved simply by speaking with human resources. If the issue you’re having cannot be resolved with a simple discussion, it is time to consider preparing a formal complaint.
Document Everything
Before issuing any formal complaint, it is important to document as much as possible in order to lay the groundwork for the complaint. Here are just a few things that you want to keep records of.
- Keep written logs related to the date, times, and location that any incident took place.
- Save all emails, texts, voicemails, and performance reviews related to whatever issue you’re having.
- It may also be a good idea to gather witness names and statements.
In most situations, it’s better to have as much documentation as possible.
Follow Your Employer’s Internal Procedures
Most companies will have internal procedures with respect to how complaints are made.
- Check your employee handbook or contact human resources so that you can follow formal reporting procedures.
- Be sure to file any complaint in writing to a supervisor or human resources. It’s always good to have a written copy.
- It’s also a good idea to request an acknowledgment or confirmation that your complaint has been received.
Many issues in the workplace can be resolved through internal complaint procedures. But if your issue cannot be resolved, it may be time to file a complaint with an outside agency.
File A Complaint With A State Agency
In the event that you were not able to resolve some issue in the workplace through internal reporting procedures, it may be a good time to file a complaint with the appropriate state agency.
- Discrimination, harassment, or retaliation complaints will typically need to be filed with the California Civil Rights Department (CRD).
- Wage and hour complaints will typically need to be filed with the California Labor Commissioner (DLSE).
Before filing a complaint with either agency, it is important to collect all the necessary documents and evidence that could potentially relate to your case.
Speaking With An Employment Lawyer
It can be difficult to know where to begin if you’re facing a serious issue in the workplace. This is particularly true for workers that are facing discrimination or wrongful termination. If you’re unsure what to do after mistreatment in the workplace, it may be time to speak with an experienced employment lawyer.
A California employment lawyer can examine all of the unique facts of your case and let you know if you have a claim that can be pursued. The employment law attorneys at The Labor Champ can let you know what your legal options are and take steps to help protect your rights. There are absolutely no upfront charges to have our legal team evaluate your case. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular situation, we are here for you. You can contact us anytime at 949-727-9300.
