The Legal Process for Filing a Complaint Against Your Employer in Pennsylvania

The Legal Process for Filing a Complaint Against Your Employer in Pennsylvania

Filing a complaint against your employer in Pennsylvania can be a daunting task. However, understanding the legal process can empower you to take the necessary steps to address workplace grievances effectively. Below is a detailed overview of the steps involved in filing a complaint, the relevant laws, and what you can expect during the process.

Understand Your Rights

Before initiating any legal action, it’s crucial to know your rights as an employee in Pennsylvania. The Pennsylvania Human Relations Act (PHRA) protects employees from discrimination based on race, color, religion, sex, national origin, age, and disability. If you believe your employer has violated these laws, you have the right to file a complaint.

Gather Evidence

Collecting evidence is a vital step in the complaint process. Documentation can include:

  • Emails or written communications
  • Witness statements from coworkers
  • Performance reviews or disciplinary records
  • Any other relevant documentation

Having solid evidence will strengthen your case and make it easier to present your complaint effectively.

File a Complaint with the Pennsylvania Human Relations Commission

The first formal step in the legal process is to file a complaint with the Pennsylvania Human Relations Commission (PHRC). You can do this by:

  • Visiting the PHRC office in person
  • Submitting your complaint online through the PHRC website
  • Mailing a written complaint to the PHRC

Your complaint must be filed within 180 days of the alleged discriminatory act. Once submitted, the PHRC will review your complaint to determine if there is sufficient evidence to proceed.

Investigation Process

After your complaint is filed, the PHRC will conduct an investigation. This may involve:

  • Interviewing you and any witnesses
  • Requesting documentation from your employer
  • Examining the evidence and circumstances related to your claim

The investigation typically takes several months. After the investigation, the PHRC will issue a determination, which may be a finding of probable cause or no probable cause.

Resolution Options

If probable cause is found, the PHRC will attempt to mediate a resolution between you and your employer. This can include reinstatement, back pay, or other remedies. If mediation fails, the case may proceed to a public hearing.

Filing a Lawsuit

If you are not satisfied with the outcome of the PHRC investigation or the mediation process, you have the right to file a lawsuit in state or federal court. It's advisable to consult with an attorney who specializes in employment law to navigate this process effectively.

Seek Legal Advice

Understanding the complexities of employment law can be overwhelming. Seeking legal counsel can help you understand your rights, assess your evidence, and develop an effective strategy for your complaint. Many lawyers offer free consultations, which can be beneficial in determining your next steps.

Documentation and Deadlines

Throughout the entire process, keep thorough documentation of all interactions related to your complaint. Be mindful of deadlines for filing and responding to any requests from the PHRC or the courts.

By following these steps, you can navigate the legal process of filing a complaint against your employer in Pennsylvania with greater assurance and clarity. Your rights as an employee are important, and taking action can lead to a more positive work environment.