If you file a workplace complaint and your employer fails to investigate it, escalate the issue within your company. Then, if no one in your business responds, file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or Occupational Safety and Health Administration (OSHA), whichever is the appropriate government entity for your situation.
Along with these things, partner with a labor and employment attorney if your employer chooses to ignore your workplace complaint. Your Boston whistleblower protection lawyer will explain your legal rights. If warranted, they will represent you if you take legal action against your employer and seek compensatory damages from them.
What to Do if an Employer Fails to Investigate a Workplace Complaint Right Away
Depending on the complexity of your workplace complaint, it can take weeks or months for your employer to investigate it. Follow up with your employer regularly to track the status of your complaint. If your supervisor, HR, or other parties in your organization are unresponsive, escalate the complaint to a higher-level manager or your company’s legal and compliance team.
Document the actions you take regarding your workplace complaint. This gives you evidence to show that you have given your employer many opportunities to investigate and respond, which can help you if you submit a complaint to the EEOC or OSHA.
If your complaint relates to discrimination, harassment, or retaliation and your employer does not respond, share it with the EEOC. Alternatively, if your employer does not investigate your workplace health and safety complaint, notify OSHA. You should also contact your state’s Department of Labor and an employment and labor lawyer to assist you with your complaint.
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How to File a Workplace Complaint with the EEOC
Contact the EEOC online via its Public Portal, through the mail, or at a local office once you realize that your employer has failed to investigate your workplace complaint and won’t do anything about it. Next, an EEOC representative will interview you about your complaint. From here, you can file a formal charge of discrimination against your employer.
Have a Stamford workplace investigation lawyer or other legal representation help you file your workplace complaint with the EEOC. Your attorney will walk you through the process of submitting a charge of discrimination. They will provide the commission with evidence that could lead to an investigation into your employer’s failure to investigate your workplace complaint.
It is against the law for your employer to retaliate if you file an EEOC complaint. For those who are worried about possible workplace retaliation, it pays to have a labor & employment lawyer on your side. Your attorney will make sure your legal rights are protected if you move forward with an EEOC complaint.
How to File a Workplace Complaint with OSHA
OSHA allows you to file your complaint online, at a local area office, or through the mail or fax. You also have the option of calling the agency’s hotline at 1-800-321-OSHA (6742) to submit your complaint over the phone. When you make your complaint, you will need to provide the following information:
- Your name, address, and phone number (if you are not filing anonymously)
- Your employer’s name, address, and contact information
- The type of business
- A description of work hazards or unsafe or unhealthy workplace conditions
Ultimately, OSHA can help you sue your employer. The agency could investigate your complaint and find that your employer subjected you and others to a dangerous work environment. As such, the OSHA investigation could provide you with evidence to use to strengthen your case for compensation from your employer.
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Factors to Consider as You Decide What to Do After Your Employer Fails to Investigate Your Workplace Complaint
How you document your employer’s failure to investigate your workplace complaint makes a world of difference. If you have emails, memos, and other documents relating to your complaint, you can show the EEOC or OSHA that you have been persistent in your efforts to get your employer to investigate it.
You have legal rights, including those that apply to fair and equitable treatment at work and workplace safety. If these rights are violated, hold your employer accountable. Allow your employer to respond to your work complaint. At the same time, keep in mind that if your employer disregards your complaint, you have the right to ask for help from the EEOC or OSHA.
Remember, there are time limits for submitting complaints to government entities. For an EEOC complaint, you typically have 180 days from the alleged discrimination to file your complaint. Generally, for an OSHA complaint, you have six months from the day of a safety or health incident to contact the agency about it.
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Get Legal Help if Your Employer Doesn’t Investigate Your Workplace Complaint
It is reasonable to expect your employer to take your workplace complaint seriously. Yet, if your employer doesn’t give your complaint the attention it deserves, now may be the time to pursue an EEOC or OSHA claim or other legal options.
At Duddy, Goodwin & Pollard, we are advocates for employee justice in the workplace. Let us put our years of labor and employment case experience to work for you. Schedule a consultation to learn how we can help you if your employer decides not to investigate your workplace complaint.
Call or text (860) 999-9394 or complete a Free Case Evaluation form