Standing Strong For Employee Rights

When should I file a complaint for wrongful termination?

| Oct 8, 2019 | Firm News |

While any employee in California may choose to resign from a job at any time, there are only specific circumstances under which an employer may terminate you. There are certain protected activities that you cannot be fired for, and if these protections are violated, it is your responsibility to file a complaint with the Division of Labor Standards Enforcement. 

Being wrongfully terminated is not the only justification to file a complaint. You may also file a complaint if you believe you have been retaliated against, discriminated against, suspended or demoted on the grounds of your involvement in any protected activity. 

The time limits to file 

The important thing for you to remember if you have reasonable evidence to file a complaint is that you must file it within a specific time period as outlined by the California Department of Industrial Relations. Once the complaint is filed, the Labor Commissioner’s office will have an investigator contact you. 

You must file a complaint within 90 days if you believe you have been retaliated or discriminated against for reporting a child care facility that has violated licensing laws. If you believe you have faced wage discrimination based on your sex, you must file a complaint within two years of it happening. 

If you had to take time off of work to obtain relief from a domestic abuse situation, you have one year to file any kind of discrimination complaint against your workplace. Otherwise, all other complaints against discrimination must be filed within six months. 

This is an informative article and should not be viewed as legal advice.