How to Report Retaliation in California
The Division of Labor Standards Enforcement also known as the Labor Commissioners Office is a crucial part of the Industrial Relations Department. It is the department tasked with the responsibility of investigating all worker retaliation claims. It is also in charge of enforcing labor standards in the state of California to ensure that workers do not work under conditions that are substandard or unlawful.
Before delving into the process of filing a retaliation claim, there are a few facts that you ought to understand:
– You do not require the services of a lawyer when filing this complaint. An interpreter will also be provided in case you are not conversant with the English language.
– Any worker can file a complaint with the commissioner’s office regardless of whether they are in the country legally or illegally.
– You will not need a photo ID or social security number to file your complaint.
How Do You File a Retaliation Complaint?
The RCI (Retaliation Complaint Investigation Unit) is in charge of investigating all employer retaliatory complaints made by their employees. Retaliation can be in the form of reduced working hours or dismissal after an employee has spoken out for ill-treatment at work.
Be Prepared to Submit Your Filing
Before you can file, you need to check whether the deadline has passed. Normally, you are required to file within six months after this act has been performed. Understand that even if you miss the six-month deadline set by the Labor Commissioner, you can still file a private lawsuit.
Preparation involves gathering documents that detail the action taken by the employer. Aim to show that you do not have prior cases of misconduct and that you were within your labor rights when the action was taken.
File Your Complaint
Obtain the Retaliation Complaint form and fill all the details. You can get the form from the website or the Labor Commissioner’s offices closest to you. Normally, it is recommended that people visiting the offices for the first time bring their own interpreters. An interpreter will then be provided on subsequent visits after the form has been submitted.
Once submitted, the complaint will be reviewed and a decision made on whether or not to investigate your employer. A notice will be sent to you to communicate the Office’s decision.
Be Cooperative
If an investigation is commissioned, your assigned investigator will most likely take some of the following actions:
• Interview both parties
• Interview witness that could have witnessed the retaliation act
• Make a visit to the worksite to check for possible evidence
• Issue your employer with subpoenas to furnish documents related to your complaint
• Make a request that both parties have a sit-down to discuss a possible settlement
Go to a Settlement Hearing or Conference
In the event that a settlement hearing is set by this office, both parties will need to make an appearance. Here, questions will be raised about the complaint, and the possibility of a settlement discussed.
If the conference is not successful, a hearing date is then set. For the hearing, you can bring your union rep or attorney. The hearing officer will then make their recommendations based on the evidence provided.
Know All the Likely Outcomes
A written decision will be sent to your address to inform you of the outcome reached during the settlement hearing. This could include:
• Receive pay for the lost wages
• Be reinstated to the previous position
• Enter into an agreement to refrain from retaliatory acts in the future
If a decision is entered in your favor, the employers will normally have a maximum of ten days to either comply or appeal that decision.
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