Schimmel & Parks, APLC - Litigation
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Are there time limits to file an employer retaliation complaint?

Despite renewed and increased attention paid to worker rights in California and across the nation, there is still a problem with labor violations. This can encompass many acts. One that does not receive the same focus as current concerns about sexual harassment but is also serious is employer retaliation. When an employer violates an employee's rights in this way, there are key points that the employee should remember when trying to achieve justice.

One that must be considered is the time limits to file a complaint. Consulting with a lawyer as soon as possible can yield information about these vital factors. In general, the employee who is filing a complaint about employer retaliation must do so within six months of when the incident occurred. However, there are exceptions to this rule and the person can file a complaint beyond those six months if they fall into certain categories.

If the person was retaliated against and they were a victim of sexual assault, were stalked or were subjected to domestic violence, they have one year to file an employer retaliation complaint. If it is because the person was the victim of a violent crime, this too grants the person one year. If there is a complaint about licensing regulation violations or laws overseeing child daycare, the complainant will have 90 days to file. If a minor was the victim of retaliation, the filing must be within the six-month time-frame, but there will be a delay until they turn 18.

If the complaint is due to a pay disparity for any reason - gender, racial or ethnic - there will be two years of the violation or within three years of a willful violation. When the worker has asked about the lower pay and was retaliated against, the worker will have six months to file. Health and safety complaints and retaliation for it will be granted a separate right to file to the Occupational Safety and Health Administration and can do so within 30 days of the act.

Employees have the right to lodge complaints or report wrongdoing without fear for their job or other retaliatory acts to punish the complaining worker and to serve as a warning to other employees. When there is employer retaliation, it is imperative for workers to understand their rights and to know the time limits for filing a complaint. Calling a law firm experienced in labor issues is vital and should be done as soon as possible.

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