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Filing Retaliation and Discrimination Complaints in California

By Edited Jun 10, 2016 0 0

Employers in California are lucky enough to work in one of the states where employment laws are more lenient to workers. The state laws regarding employment offers better protection and compensation to workers covered.

Aside from a minimum wage that is higher than what is imposed in the federal law, more classes of workers are also protected from discrimination in their workplace. Because of this, more workers are eligible to file retaliation and discrimination complaints against their employer.

To assist workers wanting to file a complaint, here are the things to do:

  • Know if you are covered. Basically, every employee and job applicant who has been discriminated or wrongfully rejected from the post in violation of laws under jurisdiction of the labor commissioner can file a complaint.
  • File a complaint immediately. After discrimination or retaliation has occurred, it is important to immediately file a complaint. If the complaint will be filed under the under the jurisdiction of the labor commissioner, it should be submitted not more than 6 months after its occurrence. But if it is to be filed under Labor Code section 1197.5, it can be made within the two-year period after the incident occurred.
  • Obtain vital evidence. It is important to gather data that will back-up your claims. Audio and video recordings as well as other physical evidence will help you in proving that you are a victim of retaliation or workplace discrimination.
  • Accomplish the complaint form. There is a complaint form that can be obtained online. Print and complete the form.
  • Attach evidence. If you have documents that will support your complaints, submit its copies with your complaint form. Remember that these copies might get lost or separated so it will be wise not to submit the original document.
  • Mail your complaint. Submit your accomplished complaint form along with copies of documents that will strengthen your claims at the Division of Labor Standards Enforcement.

If you want to know if you have a sufficient case against your employer without filing and waiting for the result of your complaint, then you can consult with Los Angeles employment attorney. Aside from determining the strength of your case against your employer, your superiors, or any of your co-workers, these lawyers are also experienced at handling employment disputes.

With them, you can negotiate an amicable settlement with the other party without compromising the compensation that you are entitled to.



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