Respond to a Complaint

You can respond to a complain two ways:

  1. Via US Mail. Send your response to: 1600 Pacific Hwy, Suite 452, San Diego, CA 92101
  2. Using our online Case Management System (Still in development, once implemented, link to system will be activated and the following steps can be taken.)
    • Create an account on the Case Management System for yourself. All you need is a valid email address and a phone number. 
    • Once you have an account, call (619) 531-5129. Our staff will associate your account with the complaint. 
    • Log into your Case Management System account. You will see the complaint number. Click on the file button and selec the files you wish to upload. 

If you are served with a complaint, it is only after OLSE has screened the information provided to ensure the allegations are within OLSE jurisdiction. OLSE screens all initial claims and rejects those that do not allege violations of the laws we enforce. In most cases, the filing of a complaint does not mean that OLSE has already determined whether there is reasonable cause to believe a violation has occured. Rather, it means OLSE has preliminarily determined that the laws the department enforces cover the coplaint parties allegations. We investigate the facts and encourage parties to resolve the dispute in appropriate cases. OLSE considers taking legal action if the dispue is not resolved and evidence supports a reasonavle cause determination. 

If ou are served with a complaint, you must provide a respomae within the time specifies by OLSE in the letter accompanying the complaint. You are free to hire or consult with a lawyer, but the process does not require a lawyer. Here is what to expect after you have responded to the complaint:

  1. You may be interviewed by OLSE and/or asked for records and documents.
  2. OLSE offers free dispute resolution services to encourage parties to resolve the complaint in appropriate cases.
  3. When parties can't resolve a complaint, OLSE continues an investigation to determine if there is a resonable cause to believe that labor laws have been violated. If not, the case is closed.
  4. If OLSE makes a reasonable cause determination, the parties are typically required to go to mediation. At mediation, the parties have the opportunity to reach an agreement to resolve the dispute and close the case.
  5. If the case is not resolved in a mediation, OLSE may turn investigation over to the District Attorney's Workplace Justice Office for further prosecution along with the Labor Commissioner's Office.