How to File a Complaint Against Your Employer (USA)
Talk to your employer., Make sure your employer is required to comply with federal law., Gather the required information., File your complaint., Follow through with your complaint.
Step-by-Step Guide
-
Step 1: Talk to your employer.
Before you file a formal complaint, talk to your boss or someone in the human resources department and see if you can resolve the issue internally.
Don’t get emotional or make any personal attacks.
Even if you think your boss is a jerk, you don’t need to tell him that.
Remain polite and professional at all times.
Document everything that happens.
Keep records of each exchange, in writing if possible.
If you have any oral conversations, you don’t have to record them, but try to take notes soon after.
Your best option if a conversation takes place is to send an email or written letter to the person with whom you spoke within 24 hours of the conversation.
State when the conversation took place and that what you’re writing is your understanding of what was said, then summarize the conversation.
For example, you might write: “Dear Betty, Thank you for speaking with me yesterday regarding the missing hours on my paycheck.
It is my understanding that you have reviewed the payroll records and that I was paid for all the hours I’d worked.
However, I worked on Wednesday and was not paid for those hours.
You agreed to check the time clocks and see if they were functioning properly.
Thank you for your assistance.” Don’t gossip about the issue with your coworkers.
Although you may be upset about what happened, be professional and avoid accusations that you are spreading rumors or talking about people behind their backs.If you are a member of a union, you may be required to talk to a union representative before you file a formal complaint or do anything else.
If that’s the case, follow your union policies. -
Step 2: Make sure your employer is required to comply with federal law.
The Wages and Hours Division of the DOL enforces the Fair Labor Standards Act, the Family Medical Leave Act, and other federal laws dealing with employee hours and wages.The FLSA and FMLA apply generally to all companies engaged in interstate commerce.
If you’re not sure if your employer is covered, you can call the WHD at 1-866-4USWAGE to ask.
The division’s toll-free help line is available Monday through Friday from 8:00 a.m. to 8:00 p.m. eastern time.
You also can visit a local office in person or send an email.The WHD also will let you know if you should file with your state agency before filing a federal complaint.
In many cases, you must exhaust any state remedies before you move to the federal level., To file a formal complaint with the WHD, you’ll need your name, address, and phone number, as well as the name, address, and phone number of your employer.
You’ll also need to tell them the name of the owner or manager they should speak to regarding your complaint, the type of work you did, and how and when you were paid.
You also should include any additional information or documentation, such as pay stubs or a copy of the employee handbook, that you think the WHD might find helpful when they evaluate your claim., You can begin the complaint process by calling the WHD at 1-866-4USWAGE or visiting the division’s website.
You’ll be directed to your nearest local office, where your complaint will be evaluated.Complaints to the WHD are confidential.
In the event the WHD decides to investigate your employer, your identity will not be revealed to anyone.
Because complaints must be filed within two years of the incident, make sure you file as soon as possible after you discover the problem with your wages or hours., If the WHD discovers unpaid wages or unpaid overtime compensation, it may supervise the payment of that money.
It also may seek penalties from your employer for violation of the law.
In addition, employers who intentionally violated the law may be brought up on criminal charges and could face criminal fines and imprisonment.
The DOL may file a lawsuit against your employer on your behalf.
If it doesn’t, you have the right to file a private civil suit. -
Step 3: Gather the required information.
-
Step 4: File your complaint.
-
Step 5: Follow through with your complaint.
Detailed Guide
Before you file a formal complaint, talk to your boss or someone in the human resources department and see if you can resolve the issue internally.
Don’t get emotional or make any personal attacks.
Even if you think your boss is a jerk, you don’t need to tell him that.
Remain polite and professional at all times.
Document everything that happens.
Keep records of each exchange, in writing if possible.
If you have any oral conversations, you don’t have to record them, but try to take notes soon after.
Your best option if a conversation takes place is to send an email or written letter to the person with whom you spoke within 24 hours of the conversation.
State when the conversation took place and that what you’re writing is your understanding of what was said, then summarize the conversation.
For example, you might write: “Dear Betty, Thank you for speaking with me yesterday regarding the missing hours on my paycheck.
It is my understanding that you have reviewed the payroll records and that I was paid for all the hours I’d worked.
However, I worked on Wednesday and was not paid for those hours.
You agreed to check the time clocks and see if they were functioning properly.
Thank you for your assistance.” Don’t gossip about the issue with your coworkers.
Although you may be upset about what happened, be professional and avoid accusations that you are spreading rumors or talking about people behind their backs.If you are a member of a union, you may be required to talk to a union representative before you file a formal complaint or do anything else.
If that’s the case, follow your union policies.
The Wages and Hours Division of the DOL enforces the Fair Labor Standards Act, the Family Medical Leave Act, and other federal laws dealing with employee hours and wages.The FLSA and FMLA apply generally to all companies engaged in interstate commerce.
If you’re not sure if your employer is covered, you can call the WHD at 1-866-4USWAGE to ask.
The division’s toll-free help line is available Monday through Friday from 8:00 a.m. to 8:00 p.m. eastern time.
You also can visit a local office in person or send an email.The WHD also will let you know if you should file with your state agency before filing a federal complaint.
In many cases, you must exhaust any state remedies before you move to the federal level., To file a formal complaint with the WHD, you’ll need your name, address, and phone number, as well as the name, address, and phone number of your employer.
You’ll also need to tell them the name of the owner or manager they should speak to regarding your complaint, the type of work you did, and how and when you were paid.
You also should include any additional information or documentation, such as pay stubs or a copy of the employee handbook, that you think the WHD might find helpful when they evaluate your claim., You can begin the complaint process by calling the WHD at 1-866-4USWAGE or visiting the division’s website.
You’ll be directed to your nearest local office, where your complaint will be evaluated.Complaints to the WHD are confidential.
In the event the WHD decides to investigate your employer, your identity will not be revealed to anyone.
Because complaints must be filed within two years of the incident, make sure you file as soon as possible after you discover the problem with your wages or hours., If the WHD discovers unpaid wages or unpaid overtime compensation, it may supervise the payment of that money.
It also may seek penalties from your employer for violation of the law.
In addition, employers who intentionally violated the law may be brought up on criminal charges and could face criminal fines and imprisonment.
The DOL may file a lawsuit against your employer on your behalf.
If it doesn’t, you have the right to file a private civil suit.
About the Author
Martha Harvey
Dedicated to helping readers learn new skills in crafts and beyond.
Rate This Guide
How helpful was this guide? Click to rate: