Filing a Complaint Against an Employer: What You Should Know
is often a difficult decision, but it can be necessary in some cases to get the wages you're owed. You may also need to file a complaint to protect yourself and your coworkers from discrimination or dangerous working conditions. Unfair or unsafe treatment from the company that provides your livelihood can be distressing, and figuring out the best solution can be challenging.
If you need to file a complaint or sue, DoNotPay can help you take your employer to small claims court without hiring an attorney. Here's where to start when .
How to File a Complaint Against Your Employer
Unfortunately, there are many frustrating and unfair situations you may face in your workplace that are completely legal. However, there are some areas where all employees benefit from legal protections. If your workplace is unsafe, you're facing discrimination or you aren't being paid correctly, you can . The agency you'll complain to depends on the problem you're having.
1. Unsafe Working Conditions
If there is a serious hazard causing unsafe conditions in your workplace, you can file a complaint with the Occupational Safety and Health Administration (OSHA).
You can make an OSHA complaint in several different ways. The table below explores them.
|Online Complaint Form||https://www.osha.gov/pls/osha7/eComplaintForm.html|
|Toll Free Phone Number||800-321-6742|
|In Person||At your local OSHA office|
If you believe you are being discriminated against due to membership in a protected class, you can file a charge with the Equal Employment Opportunity Commission (EEOC). You can start this process online or at your local EEOC office. Protected classes are:
- National origin
- Genetic information
3. Wage Problems
If you're having an issue with your pay, like if your employer isn't paying you for overtime where required or you're earning less than minimum wage, you can file a complaint with the Department of Labor's Wage and Hour Division. To get started with this, either call 1-866-487-9243 or find your local office.
How to Sue Your Employer in Small Claims Court
Suing your employer isn't always the best decision, as going up against a larger company isn't always worth the effort. However, in some cases, such as if your employer owes you money, a lawsuit can be a good move. If your employer owes you back pay that is less than your state's small claims maximum, you can sue for these wages in small claims court. The process for filing a small claims lawsuit can vary by state, but these are the steps you can expect to follow.
1. You'll file your claim with the county clerk.
This starts the process. You'll also need to pay a filing fee. Income-based waivers might be available, so look into this if you're having financial difficulty.
2. The court will notify your employer.
The court needs to notify the other party that they've been sued. Your employer will be able to respond, and a court date will be scheduled.
3. Both parties will present their arguments.
At the trial, you and your employer will each make your arguments. It's important to make your statement as clear and compelling as possible. Bring any evidence that helps your case, like an employment contract if you have one, an employee handbook, a written job offer, email communication, and any other relevant documents.
4. The judge will issue a verdict.
Once both parties have given their arguments, the judge will make a decision. If you are unsuccessful at this point, you may be able to appeal.
Small claims court is designed for individuals without any legal experience to be able to represent themselves, but going through a lawsuit on your own can be stressful and difficult.
Easily Sue Your Employer With DoNotPay
If your employer owes you wages, suing can be an effective way to get the company to pay you what you're owed. However, actually doing this can be overwhelming. DoNotPay's Sue Now product offers a fast, easy and successful solution. DoNotPay lets you avoid the time and stress involved in the lawsuit process and improves your chances of success, all without the expense of hiring an attorney.
Here's how to start a small claims lawsuit against your employer with DoNotPay:
- Log-in to DoNotPay and select the Sue Now product.
- Tell us how much you are owed by the company, if applicable.
- Select the reason for your lawsuit.
- Provide details about why you're filing the lawsuit including photographic proof and other important information.
It's that simple! DoNotPay will generate your court filing forms, along with a script for you to follow at the hearing.
DoNotPay Can Help With Complaints Against Any Company
DoNotPay can help you about any company you're having trouble with, including:
If you need to easily contact DoNotPay today.