What are my options if I believe an employer has violated one or more laws?

If you believe that an employer has violated the law for any reason, you may want to take the following steps, if possible:

    Talk to the employer. The first thing you can do is try to talk to the employer directly. Simply bringing the matter to the employer’s attention may be all that it takes to solve the problem, especially if the employer just didn’t know it was violating the law.[1941] Explain the law and give the employer the chance to change his/her behavior.
    Report the employer to the Attorney General. If talking to the employer directly does not work, you can report the employer to the California Attorney General. The Attorney General will then investigate your claim and try to resolve it. You can report your claim by calling the Attorney General’s Office of Public Inquiry Unit at (916) 322-3360 or toll free at 1-800-952-5225. You can also send a written complaint to:

Attorney General's Office
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550

HELPFUL HINT:

If you want to sue the employer—BEWARE!(1) It’s expensive. Suing an employer will likely cost a LOT of time and money, and your recovery options are limited.(2) No frivolous lawsuits are allowed. The Federal Credit Reporting Act (FCRA) includes a penalty for filing a lawsuit or related court papers that are filed in “bad faith or for purposes of harassment.” You may have to pay the other side’s attorney’s fees, along with your own, if you file a lawsuit to harass an employer and lose.

    Report violations of the new Fair Chance Act to DFEH and the EEOC. If you believe an employer has violated California’s new Fair Chance Act, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) at their website: dfeh.ca.gov. You may also file a complaint with the federal Equal Employment Opportunity Commission (EEOC) at their website: https://www.eeoc.gov/employees/charge.cfm.
    Report the employer to the FTC. If the employer has violated federal background check laws, you can report the employer directly to the Federal Trade Commission (FTC). The FTC has the authority to force employers to comply with background check laws[1942] by requesting a court order to stop the employer from violating the law, or by filing a lawsuit against the employer. To file a complaint with the FTC, call the agency directly at 1-877-382-4357.[1943]
    Sue the employer in state or federal court. You can file a lawsuit against an employer in either state or federal court for violating background check laws. You may be able to get a court to order the employer to stop violating the law and/or pay you money. For more information about suing the employer, talk to a lawyer first!
  1. 1941

    See Fed. Trade Comm’n, Employment Background Checks, http://www.consumer.ftc.gov/articles/0269-what-know-when-you-look-job. ↑

  2. 1942

    15 U.S.C. § 1681s-2. ↑

  3. 1943

    See Fed. Trade Comm’n, Employment Background Checks, http://www.consumer.ftc.gov/articles/0269-what-know-when-you-look-job. ↑