How to File Complaints Against Your Ex-Employer
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The EEOC protects you from a variety of discrimination actions at work.Jupiterimages/Pixland/Getty Images
File a complaint with the Equal Employment Opportunity Commission (EEOC). Your complaint may allege you have been discriminated against due to any one or more of the following reasons: race, color, religion, age (40+), gender, national origin, sexual harassment, sex-based wage discrimination and disability discrimination. Before filing a lawsuit against your ex-employer, you must first file a complaint with the EEOC. - 2
Write a chronology of all events regarding the discrimination you claim against your ex-employer.Stockbyte/Stockbyte/Getty Images
Draft a summary of your complaint and make sure that you include a brief description of the incidents in chronological order. Gather any documentation pertaining to your complaint. Describe any actions you may have taken to try to resolve the matter. - 3). Mail your written summary and copies of your documentation to the EEOC. The agency will investigate according to the priority they assign your case. The investigation may include written requests for information, interviews with involved parties, and perhaps even a visit to the facility where the alleged discrimination occurred.
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Once the EEOC responds, you may file a lawsuit.Jupiterimages/Photos.com/Getty Images
Settle, quit or sue. Once there has been a thorough investigation, the EEOC may seek to settle your charge, send it to mediation or dismiss it altogether. If your complaint is dismissed by the EEOC, they will notify you and let you know that you have 90 days in which to file a lawsuit on your own behalf. - 1
You do not have to put up with safety hazards in your workplace. OSHA can help.Hemera Technologies/PhotoObjects.net/Getty Images
File a complaint against an employer if you believe that there was a serious hazard at your ex-employer's workplace and they discriminated against you for having used any employee rights that protect you and have been established under the Occupational Safety and Health Act of 1970 (OSHA). File your complaint with OSHA within 30 days of the alleged act of reprisal from your employer. Both state and federal OSHA agencies will accept your complaint. - 2
Document the incidents that led you to file the complaint.Jupiterimages/BananaStock/Getty Images
Provide documentation. OSHA may visit the work site, and representatives may speak to your ex-employer and other key people. They may ask you for documentation of any reprisal the ex-employer took against you. This may include your own written and dated account of the reprisal, as well as any letters and emails from witnesses. - 3
Your OSHA filing may make your case against your ex-employer stronger.Pixland/Pixland/Getty Images
Contact an attorney. Notify a lawyer that you have filed an OSHA complaint, and that you may be interested in suing for wrongful termination. Many attorneys will take such a case on contingency, meaning you won't have to pay unless a settlement is reached or the court awards damages. - 1
Watercooler gossip can turn into a court case when the gossip is about illegal company actions.Photos.com/PhotoObjects.net/Getty Images
Protect yourself when you turn in your ex-employer. When you feel that an ex-employer has acted in a manner that is illegal, unhealthy or that violated specific public policies, you may file a complaint to protect your rights as what is called a "whistleblower." The National Whistleblower Center (NWC) advocates for whistleblowers before Congress and in courts going after cases involving environmental protection and a variety of other governmental fraudulent acts. - 2
Legal guidance can ease your anxiety when blowing the whistle on your ex-employer.Comstock Images/Comstock/Getty Images
Get free advice. The National Whistleblowers Center maintains a staff of attorneys that will advise you about how to proceed with your case. - 3
If you plan to go beyond your report to legal action, get an attorney.Jupiterimages/Photos.com/Getty Images
Ask for an attorney referral. If you choose to go further than the initial advice stage, the National Whistleblowers Center offers referrals to attorneys who may take your case. - 4
Legal books and publications may help you build your case.PhotoObjects.net/PhotoObjects.net/Getty Images
Get books and publications. The National Whisleblowers Center offers a variety of printed matter, as well as an online library for those who need more information about their rights. - 1
Private sector employees can file a complaint with the National Labor Relations BoardGeorge Doyle/Stockbyte/Getty Images
File a complaint with the National Labor Relations Board (NLRB) if you were an employee of the private sector who feels that your rights had been violated, or that an ex-employer or a union conducted themselves unlawfully with regards to your employment with them. You may file a complaint with the NLRB via one of their regional offices. - 2
Witnesses can help your case with the National Labor Relations Board.Jupiterimages/Photos.com/Getty Images
Help with the investigation. Prepare any documentation you can find, and give the names of willing witnesses. - 3). Settle. The board will offer you the chance to settle if they find your case has merit.
- 4). File a formal complaint. If you don't like the settlement terms, you may file a formal complaint to be heard by judges appointed by the president.
Discrimination complaints
Complaints about safety hazards
Whistleblower complaints
Union-related complaints
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