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Take Action

If your employer ignores your complaint—or if you’ve been harassed, retaliated against, or fired—it’s time to take action. This section shows you how to file official complaints and protect your rights through legal channels.

Step 1:
File a Complaint with the EEOC

What it’s for:
Discrimination, harassment, or retaliation based on race, sex, religion, age, disability, or other protected traits.

Deadline:
You must file within 180 to 300 days of the incident
(depending on your state).

What to expect:
   •    You file online, by mail, or in person
   •    An intake specialist will follow up
   •    They may investigate, mediate, or issue a right-to-sue letter

Start Here: EEOC Online Filing Portal (https://www.eeoc.gov/filing-charge-discrimination)

Step 2:

File with Your State’s Labor Agency

Each state has its own agency that handles:
   •    Wage theft (missing pay, tips, or overtime)
   •    Unpaid breaks
   •    Illegal firings or retaliation

Texas Example:
   •    Agency: Texas Workforce Commission (TWC)
   •    What you can file: Wage claim, retaliation complaint, or discrimination report
   •    Link: TWC Employee Rights & Filing Info (https://www.twc.texas.gov/jobseekers/employee-rights-wages)

Not in Texas? [Click here for a 50-state labor complaint directory] 

Step 3:

Workers’ Compensation

(Yes, for Mental Health)

If you were physically injured on the job—or developed mental health issues due to toxic conditions—you may be eligible for workers’ comp.

Examples:
   •    Panic attacks after harassment
   •    PTSD from verbal abuse or violence
   •    Physical injury due to poor training or unsafe conditions

You’ll need:
   •    Documentation 
   •    Medical diagnosis or evaluation
   •    To file quickly—there are short deadlines

Need help finding a workers’ comp lawyer?
[Find Support]

Step 4:

Escalate to a Lawyer or Media

(if needed)

If the system isn’t working for you—don’t stop here.

   •    A lawyer can push your case forward,
         negotiate a settlement, or file a lawsuit.

   •    The media can help pressure bad employers
         into action and protect others from abuse.

Learn how to share your story anonymously.

What to Prepare Before You File

   •    Your incident log
   •    Screenshots, emails, witness names
   •    Paystubs or work schedules
   •    Any internal complaints you’ve already made

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cafe86sa is a 501(c)(3) nonprofit resource center dedicated to supporting hospitality industry workers. While we strive to provide accurate and up-to-date information, the content on this website is for general informational purposes only and should not be considered legal, financial, or medical advice. If you need professional legal, financial, or medical assistance, please consult a qualified professional.​

cafe86sa © All rights reserved. 2025

P.O. Box 160324 San Antonio, TX 78280

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