Employer Retaliation — Where to File
When an employer retaliates against a servicemember or veteran
Description
When an employer retaliates against a servicemember or veteran
Recommended Filings
| Agency | Law | Deadline | For |
|---|---|---|---|
| OSHA | Section 11(c) | 30 days | Safety/health retaliation |
| EEOC | Title VII / ADA | 180-300 days | Discrimination / protected class retaliation |
| DOL VETS | USERRA | No limit | Military service discrimination |
| DOL WHD | FLSA | 2-3 years | Wage/hour violations as retaliation mechanism |
| State Labor Board | Varies | Varies | State wage/hour and whistleblower claims |
| State Attorney General | State whistleblower | Varies | State-specific protections |
Strategy Notes
- FILE ALL applicable complaints — they reinforce each other
- Each agency complaint creates independent documentation trail
- OSHA deadline is shortest — file first if applicable
- USERRA has no statute of limitations — can always file
- Cross-reference complaint numbers across agencies
- Keep timeline of all adverse actions and protected activities
- Request all relevant documents under FOIA/state public records