How to File a Complaint Against an Abusive Employer

by Jill Stimson

Under federal law, employees can file several different types of complaints against abusive employers. The type of complaint that an employee must file depends on the specific violation or cause of action. In addition to filing complaints against the employers based on federal laws, employees may be able to contemporaneously file complaints with state agencies based on their states' employment laws. Workers can sue their employers for abusing the federal wage and hour laws, for violating the federal equal employment opportunity laws or for violating the federal Occupational Safety and Health Act. A different federal agency enforces each of these laws. Although the complaint process is similar with all federal agencies, employees must comply with the federal statute of limitations laws governing their abusive practice complaints.

Determine which law your employer violated. Because the basis for abusive workplace practices can be occupational safety complaints, wage and hour violations, or equal employment laws, determining which law was violated and which agency to file the complaint is important. Hostile work environments are the basis for many abusive workplace violations. Under the federal equal employment opportunity regulations, employers are responsible for their hostile actions, and they are vicariously liable for their employees' abusive practices. Under federal anti-discrimination laws governing employers, you have a right to work in an environment without discrimination or hostility based on race, national origin, religion, gender, disability, age and genetic information.

Notify your employer of the abusive practices. The Equal Employment Opportunity Commission does not investigate complaints against abusive employers if an employee failed to report the abusive practices or hostile work environment. According to the federal anti-discrimination laws, your employer is not liable for abusive workplace practices unless you first report them. If your employer is abusive, you may be able to file a complaint directly with the commission, because abuse does not fall under the vicarious liability exception.

Contact the U.S. Equal Employment Opportunity Commission if your employer violated your rights to a hostile-free work environment. Additionally, if your employers failed to implement specific policies in an effort to end other employees' abusive treatment, you may contact the commission directly. As of publication, the commission has 53 field offices; a local field office is responsible for further investigating your complaint. Alternatively, you can file a complaint by sending a written letter to the national headquarters. Your letter must include your employer's contact information, the date the abuse occurred, the basis of your claim and a summary of why you believe you were abused. You must sign your letter. You must also include the total number of employees who work for your employer, as the federal laws typically cover employers with at least 15 employees.

Receive a determination letter from the Equal Employment Opportunity Commission. If the commission believes that your claim is meritorious, it will transfer your case to the Department of Justice or transfer your case to staff attorneys within its legal department. If it believes your claim is not a case that is meritorious or a claim it can pursue, the commission will send you a written determination. After you receive the determination, you can sue your employer in federal court.

Things Needed

  • Specific dates of abusive practices


  • The Code of Federal Regulations codifies the federal equal employment opportunity laws. Under federal law, claimants must file their complaints within the 180-day limitations period allowable for most claims.
  • Claimants do not have judicial standing in federal court until they obtain a final determination letter from the Equal Employment Opportunity Commission. As such, a failure to comply with the commission's administrative procedure laws can lead to a dismissal of your complaint.


  • The information in this article is for general guidance. Because of the fact-sensitive nature of legal claims, seek the advice of a licensed attorney in your state or contact your state's bar association for information on pro bono legal assistance.

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