Like employees across the country, those here in California have certain rights. One of them is to not face retaliation by an employer for engaging in an activity considered “protected” under the law. Anyone wanting to file such a complaint regarding retaliation with the Division of Labor Standards Enforcement, which is also known as the Labor Commissioner’s Office. However, there are time limits that workers must meet in order to do so.
In the majority of cases, complaints must be filed within six months of the retaliatory action. However, there are some notable exceptions listed below:
- The deadline is one year for victims of stalking, domestic violence or sexual assault.
- The deadline is 90 days for anyone lodging a complaint about licensing regulations or other legal violations at childcare facilities.
- The deadline moves to one year for victims of a crime.
- The deadline can be either two years for an alleged violation or three years for a willful violation if an employee was paid less than someone of another race or ethnicity, or someone of the opposite sex. However, simply asking about receiving a lower pay rate and suffering retaliation has a six-month deadline.
- The deadline for minors remains six months, but the time does not start running until the individual reaches the age of 18.
It is crucial not to miss the above deadlines in order to pursue the restitution deserved for being subjected to retaliation. In addition, putting together the appropriate documentation and other evidence could make the difference in a successful claim, but doing so could prove problematic. To increase the chances of receiving justice and restitution, it would be beneficial to seek out the assistance of an experienced employment law attorney.
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