Five Common Mistakes to Avoid in Filing an Employment Complaint

Employees in New Jersey facing discrimination, harassment, wage and hour violations or retaliation can file complaints with state or federal authorities. However, simply filing a complaint is not enough. There are common errors and omissions that can undermine your ability to get the relief you may be entitled to. Knowing how to avoid these mistakes can make all the difference in preserving legal protections.

Here are the top five mistakes employees make in filing complaints:

• Failing to properly document the issue — If you report mistreatment or a labor violation without evidence, it becomes a matter of your word against your employer’s. To avoid this, maintain a thorough log of relevant incidents as they occur. Note the date, time, description of the event, and anyone who witnessed it. Collect any written correspondence, such as emails, texts, or memos, related to the problem. Store this information securely on your personal computer, as you could lose access to your company computer and email if you lose your job.

• Missing critical deadlines — Every type of employment claim is governed by a statute of limitations. For instance, you generally have two years to file a discrimination complaint under the New Jersey Law Against Discrimination, while some federal claims may have even shorter windows. Waiting too long to come forward can result in your case being dismissed before it’s ever heard. As soon as you suspect a legal violation, take steps to learn about your deadlines and begin the complaint process quickly to protect your rights.

• Submitting a vague or overly emotional complaint — It’s understandable to feel upset, but a complaint packed with emotion or lacking specifics is unlikely to get results. Avoid making sweeping statements or venting your frustrations. Instead, be factual and detail specific actions. For example, rather than writing, “My boss harasses me all the time,” provide a clear description: “On April 10, my supervisor made repeated comments about my appearance after I asked him to stop.” Stick to the facts, and your claim is more likely to be taken seriously.

• Ignoring internal policies and procedures — Another error is neglecting to follow your employer’s complaint process. Skipping the proper reporting channels can weaken your position, both legally and within your organization. Carefully review your employee handbook or company policies to ensure you’re following all outlined steps. Report your concerns through the prescribed internal channels before seeking help externally. This not only demonstrates your willingness to allow the company to address the issue but also strengthens your credibility.

• Waiting too long to seek legal guidance — Many employees approach an employment attorney only after facing retaliation or losing their job. But waiting can be costly. Consulting with a lawyer early, even just for an initial discussion, can clarify your options, help you organize crucial evidence, and guide you through the reporting process. Early legal counsel is especially important if your case involves complex issues or tight reporting timelines.

By steering clear of these common pitfalls, you’ll maximize your chance of justice. If you’re dealing with workplace problems in New Jersey, consider reaching out to an experienced employment law firm for guidance and support throughout your case.

The employment law attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack have wide experience in helping New Jersey workers get the protections they deserve under state and federal labor laws. To schedule a confidential consultation, call 551-245-8894 or contact us online.