Fight for Your Rights: Reporting Violations

If you think you have been subject to unfair practices at the hands of your employer, there are a number of ways to protect yourself.  This page explores resources for workers in Montana and offers some tips for handling discrimination and other illegal employment practices.

Documentation

If you feel you have been subject to any kind of illegal employment practices, the most important thing you can do is document the incident(s).  Make sure to take notes on what happened, specific dates, and the names of who was involved.  Also consider whether there is anyone else who witnessed or is aware of the situation that can verify your claims. 

Consider Internal Remedies

Many businesses have dedicated human resource (HR) departments to ensure that employees are satisfied and that company policies and legal requirements are followed.  If you are facing a challenging situation that rises to the level of discrimination, violates corporate policy, or involves illegal conduct, you can consider filing a formal complaint with your HR department. HR then has a legal obligation to review your claims, investigate, and take action if your claims are valid.

Although different companies have different policies (try to review your companies procedures before beginning), it is often a good idea to submit your complaint in writing to make sure that all details are included accurately.  If your company doesn't have formal procedures, certainly submitting a letter or email complaint to HR is the way to go. Be sure to include a clear mention of your complaint in the subject line, if emailing, and be sure to include your full name and complete contact infromation.  Make sure you also keep a copy of everything you submit.

Be sure to include

• a detailed account of the incident(s)
• names and positions of those involved
• time/date/location of incident(s)
• names and positions of any witnesses
• a statement outlining what policies/rights/laws you believe were violated

Indeed.com provides good information on how to write a letter to HR, so consider reviewing that information as you prepare to file a complaint with your company.

Inquire about the timeline for following up, and be patient as HR does their job.  Do be sure to check in with the department if the allocated amount of time elapses and you haven't heard anything; if you weren't given a specific timeline, generally its appropriate to get in touch 2-3 weeks after submitting your complaint.

If you don't receive a satisfactory response, including clear remedies, it might be time to escalate the situation by reporting to an appropriate government agency.  Also keep aware that retaliation against employees who have submitted complaints, although rare, can happen and is also illegal.

Report Violations to Government Agencies

There are ways to report workplace violations at both the state and federal level.  The precise requirements for which workers are covered by which laws, can be tricky to navigate and makes knowing exactly what entity you should file a claim with more difficult.  However, these are some of the most common venues for filing complaints.  Be sure to check out the specific rules governing each entitity when filing a claim.

Also note that many reporting agencies have rules governing the timeframe for submitting a report.  It is often 180 days, but again, it is wise to double check with the correct entity when considering filing a report.

Report workplace discrimination to the federal government throught the EEOC

Report workplace discrimination to Montana's state agency governing employment, the Human Rights Bureau standards

Report claims of sexual harassment to the Montana Human Rights Bureau (or call them at 406-444-2884 or 1-800-542-0807)

Report claims of discrimination due to pregnancy to the Montana Human Rights Bureau (or call them at 406-444-2884 or 1-800-542-0807)

File a wage dispute to claim unpaid wages with the Montana Department of Labor & Industry

Find Help Navigating the Legal System

Sometimes, your best bet if you've faced discrimination or other illegal employment practices is to consult an attorney.  Be sure to choose a lawyer who has expertise in employment law.  There are a few who specialize in this field in Billings, so consider calling someone from this list.