Every worker in the state of California has legal rights. When a worker feels that an employer acted unlawfully against them or violated their workplace rights, the first course of action any employee has is to file a complaint with the California Labor & Workforce Development Agency. The agency that handles the most labor complaints in California is the Department of Industrial Relations.
The filing process is generally the same for most situations that occur in the workplace, but there are some important differences between filing a discrimination claim and an unfair wage claim. A Los Angeles employment attorney can work with you to help determine the best course of action before, during and after you file your complaint.
How Do I File a Discrimination Complaint Against My Employer?
When filing a claim for discrimination or retaliation, all an employee has to do is fill out the complaint form available at the Department of Industrial Relations. This form includes fields to explain the cause for complaint, the employer involved, contact information for witnesses and what the employee ultimately hopes to see in terms of a resolution. No additional forms are required in order to file a complaint. However, the form must be printed and mailed to the department.
My Employer Failed to Pay Me Overtime, How Do I Pursue an Unfair Wage Claim?
A wage claim follows a very similar process like a discrimination claim, with the only difference being the amount of paperwork and preparation that is required. All unfair wage claim filings must include:
- Time records
- Pay stubs and past checks
- Copies of any dishonored or bounced paychecks
- A copy of any collective bargaining agreements that may affect you
- A general summary of your job, including your rate of pay, job title, job duties, working conditions and pay schedule
Your application may also require job offer letters, insurance documentation, expense reports and commission statements depending on the nature of your claim.
Uphold Your Workplace Rights by Seeking Experienced Legal Representation
Although it is possible to file a discrimination or wage claim on your own, having legal counsel on your side will help ensure that your complaint is accurately completed with your best interests in mind. It can be frustrating going through the claims process, but you must file a complaint before the law allows you to take any further action against your employer. Contact our Los Angeles discrimination lawyers for a confidential review of your situation today.