Employees who are being subjected to discrimination, harassment, retaliation and other illegal employment actions will have to decide how to handle the situation. This decision isn’t always easy because they may not want to lose their job or battle against their employer. One of the most important things to do in these cases is to learn the options and how each works so an informed decision can be made.
Filing a complaint against an employer is a serious step, and it’s usually a final resort for many employees. Once the complaint is filed, it will go through a host of stages until the matter is resolved.
How does the process work?
The first step of the complaint process is usually administrative. The agency looks into the complaint to determine if it has authority over the issue. It will also determine if the filing appears complete enough to move forward. If the agency determines both of these are true, the employer is notified and given a chance to respond.
In some cases, the employee and employer will enter mediation to try to come to an agreement about how to resolve the matter. This may occur before the investigation is completed, but it may offer a faster resolution.
If mediation doesn’t happen or resolve the matter, the agency overseeing the complaint will continue the investigation. This might include reviewing records, conducting witness interviews and collecting any relevant information. With that information, the agency will decide how to proceed, which can include enforcement, giving the employee the right to continue the case in court or closing the case.
Taking action for an employment violation can be challenging. It may be beneficial for employees who need to take this step to have someone familiar with these matters to assist them.