R.C.S.A. § 31-51qq-44
What is the complaint process?
Cite as Conn. Agencies Regs. § 31-51qq-44
(a) The Labor Department shall investigate complaints filed in accordance with Section
31-51qq-43 of these regulations as expeditiously as possible. The Labor Department
may, at its discretion, investigate separate complaints in a consolidated manner.
(b) The Labor Department shall furnish to any employer, who is the subject of a complaint,
timely notice that a complaint has been filed and that an investigation has been initiated.
Such notice shall contain:
(1) A copy of the complaint;
(2) The right of either party to representation; and
(3) Instructions regarding the need to respond to the complaint.
Any employer furnished with a notice pursuant to this subsection may respond in writing
to the Labor Department within twenty-one (21) calendar days of the mailing date of
such notice. Such response may include any information, evidence or argument the employer
deems relevant or necessary to the Labor Department's investigation. The continuation
and completion of an investigation shall not be contingent upon such response.
(c) At any point during the pendency of an investigation, the Labor Department may effect
an informal resolution of the complaint which is mutually acceptable to the complainant
and the employer.
(d) Where the Labor Department, as the result of an investigation conducted pursuant to
this section, has reason to believe that an employer has:
(1) interfered with, restrained or denied the exercise of, or the attempt to exercise,
any rights provided under the Act;
(2) discharged or caused to be discharged, or in any manner discriminated against any
individual for opposing any practice made unlawful by the Act or because such employee
has exercised the rights afforded to such employee under the Act;
(3) violated any provision of the Act with respect to an eligible employee, or
(4) discharged, or caused to be discharged, or in any manner discriminated against an
eligible employee because such individual:
(A) has filed any charge, or has instituted or caused to be instituted any proceeding,
under or related to the Act;
(B) has given, or is about to give, any information in connection with any inquiry or
proceeding relating to any right provided under the Act; or
(C) has testified, or is about to testify, in any inquiry or proceeding relating to any
right provided under the Act,
the Labor Department shall issue an agency complaint by certified mail to the employer,
and a notice of a contested case hearing before the Commissioner, pursuant to Section
31-1-2 of the Regulations of Connecticut State Agencies. A copy of such complaint
and notice shall be mailed to the complainant.
(e) Where the Labor Department, as the result of an investigation conducted pursuant to
this section, finds that there is no reason to believe that an employer has:
(1) interfered with, restrained or denied the exercise of, or the attempt to exercise,
any rights provided under the Act;
(2) discharged or caused to be discharged, or in any manner discriminated against any
individual for opposing any practice made unlawful by the Act or because such employee
has exercised the rights afforded to such employee under the Act;
(3) violated any provision of the Act with respect to an eligible employee, or
(4) discharged, or caused to be discharged, or in any manner discriminated against an
eligible employee because such individual:
(A) has filed any charge, or has instituted or caused to be instituted any proceeding,
under or related to the act;
(B) has given, or is about to give, any information in connection with any inquiry or
proceeding relating to any right provided under the act; or
(C) has testified, or is about to testify, in any inquiry or proceeding relating to any
right provided under the Act,
the Labor Department shall inform the complainant of its finding in a written determination.
Such written determination shall advise the complainant of his right to a hearing
before the Commissioner, provided a written request for such hearing is received by
the Labor Department or postmarked within twenty-one (21) calendar days of the mailing
date of such written determination. A copy of such determination shall be mailed to
the employer who was the subject of the complaint. The Labor Department shall issue
a notice of a contested case hearing to the complainant and the employer in response
to any request which is timely filed, pursuant to this subsection.
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