US employment law: choose the right route before a deadline passes

A discrimination charge, unpaid-wage claim, safety complaint and union-related dispute follow different procedures. Use the agency comparison, deadline guide and record checklist to prepare your next step.

Key points

Record where you worked, who employed you, what happened and when. Federal, state and local protections can overlap; a remote job or public employer needs careful routing.
A poor or unfair workplace decision is not automatically unlawful. Identify the alleged discrimination, unpaid entitlement, protected activity, contract obligation or other legal basis.
Separate agency filing, court filing and any contractual deadline. Keep complete notices and proof of receipt; do not assume an interview booking is a filed charge.
Preserve pay records, messages and a dated chronology using documents you lawfully possess. Missing paperwork is a reason to ask for help promptly, not to wait.
Use the agency comparison, deadline guide and evidence checklist to make an agency inquiry or attorney consultation more useful.
Free agency help, legal-aid eligibility and an independently accepted attorney consultation are different services. Confirm who will act and what they will do before a deadline.

There is no single US employment-claim deadline. Many EEOC charges have a 180-day limit, extended to 300 days only when the relevant legal conditions are met. Federal employees usually start with their agency’s EEO counselor within 45 days, while federal safety-retaliation complaints can have a 30-day limit. Identify the claim, employer, state and notice before relying on any number; an HR complaint or consultation does not itself preserve a filing deadline.

Checked on 24 October 2026: selected complete federal statutory provisions and regulations, current EEOC, Department of Labor and NLRB guidance, and current US booking, customer terms and privacy information. This is a national route-and-preparation guide, not a complete review of every state’s law or an assessment of an individual claim. Sources and limits of this check.

Start with the employer, events and nearest deadline

Write a short timeline with the date you learned of a dismissal or other decision, the date it took effect, each unpaid pay period, any earlier complaint and each agency notice. Keep the letter, email or portal notice and evidence of receipt. Different events can start different clocks.

Identify the employer’s legal name, your work location, approximate workforce and whether you were an employee, applicant or alleged contractor. Note any government, union or collective-agreement connection. A job title or a contractor label does not by itself resolve every coverage question.

If a deadline may be close, contact the relevant agency or a suitably licensed attorney now and ask what constitutes a valid filing. Do not wait to complete a perfect evidence pack, finish an internal grievance or obtain a consultation appointment. Ask for confirmation of anything actually filed.

Match the problem to the agency or advice you need

This comparison is a starting point. One event can support more than one route, and an agency may not handle every part of a dispute. The official state labor directory helps locate state-specific instructions.

Scroll the tables sideways to compare all columns.

Common employment problems and starting points
Problem	Starting point	What to establish
Discrimination, harassment or retaliation for opposing discrimination	The EEOC or an appropriate state/local fair-employment agency; federal employees generally start with their own agency’s EEO office.	The protected basis or activity, covered employer, relevant events and correct filing deadline. State protections can differ.
Unpaid federal minimum wages or overtime; other promised pay	Federal Wage and Hour Division for laws it enforces; a state labor office or attorney for applicable state or contract claims.	Hours, pay periods, rates, actual duties and any exemption or worker-status issue. The federal wage route does not collect every promised benefit or commission.
Safety retaliation or action over employees acting together	For safety retaliation, ask the relevant OSHA or state-plan office about the applicable law. For covered collective activity, contact the NLRB.	The activity, adverse action, dates and coverage. A safety hazard report and a retaliation complaint are different; union membership is not always necessary for NLRA protection.
Family/medical leave, workplace injury, unemployment or contract terms	WHD leave guidance, the relevant workers’ compensation office, state unemployment program or an attorney, depending on the issue.	The particular benefit, notice, eligibility and state rules. A benefit application does not automatically bring a discrimination or wage claim.

An agency inquiry is not a promise of investigation, representation or compensation. Confirm the correct process and preserve any separate court or appeal deadline.

Check the deadline for the actual legal route

The EEOC time-limit guide and court-action guide distinguish important routes. The table gives selected federal starting points, not a deadline calculator or a complete list. Exceptions, notification rules and state law require individual checking.

Scroll the tables sideways to compare all columns.

Selected federal employment deadlines — check coverage and trigger
Route	General starting point	Important qualification
Ordinary EEOC discrimination charge, other than the separate age rules	Generally 180 calendar days after the alleged discrimination; potentially 300 days.	The extension requires a state or local law prohibiting discrimination on the same basis and an enforcement agency. State/local proceedings and filing arrangements matter; an agency merely existing is not enough.
EEOC age-discrimination charge under the ADEA	Generally 180 days; in a qualifying state, up to 300 days or 30 days after notice that state proceedings ended, whichever is earlier.	The extended age route requires qualifying state law and authority; a local-only age law is not enough. Federal-employment age routes differ.
Federal employee or applicant using the ordinary EEO complaint route	Generally contact the agency EEO counselor within 45 days of the discriminatory matter or effective date of a personnel action.	Regulation 1614.105 allows specified extensions. Special routes, including some age or mixed cases, need separate advice; this is not the ordinary private-sector charge process.
Court action following an EEOC right-to-sue notice	Commonly 90 days from receipt of the notice, not simply its issue date.	The claim and notice matter. Age and Equal Pay Act claims have important procedural differences; a notice is not the first deadline to consider.
Federal OSH Act section 11(c) safety-retaliation complaint	Generally within 30 days after the retaliatory violation.	Limited tolling may apply. Other whistleblower statutes and state-plan procedures can differ; an internal grievance or another agency filing does not itself extend this period.
Unfair labor practice under the NLRA	Generally six months, including filing the charge and service of a copy on the respondent.	Coverage and the alleged practice matter. Ask the NLRB promptly about filing and service; do not assume an informal inquiry completes either.

Wage court actions have a separate two-year/three-year framework discussed below. State claims, benefit appeals, union procedures and contracts may have other limits. HR discussions, settlement negotiations, a free-help application or a booking do not automatically stop these clocks.

Separate discrimination coverage, filing and court rights

Title VII addresses covered employment discrimination based on race, color, religion, sex and national origin. The ADA adds disability protections within its scope, and the ADEA protects qualifying workers aged 40 or older. Employer size, worker status and the particular law matter; the laws do not all have identical coverage. State or local law may add protection.

Describe what happened and why you believe it involved a protected basis or activity. Preserve relevant comments, comparators where known, accommodation requests, complaints and the employer’s explanation. Retaliation can be a separate issue even when the underlying complaint is disputed.

Starting an online inquiry or scheduling an interview is not automatically the same as filing a charge. Charge-content and amendment rules can matter for an existing written submission. Ask the EEOC to confirm its status and what must be done within time.

A right-to-sue notice commonly opens a 90-day court window from receipt. For an ADEA age claim, the EEOC explains the separate possibility of suit after 60 days from filing a charge and the 90-day window after notice that its action has ended. An Equal Pay Act claim does not require an EEOC charge before suit; a related Title VII claim can have different prerequisites. Obtain advice on each proposed claim rather than treating one filing as protection for all of them.

Build a pay calculation and distinguish complaint from lawsuit

Under the federal rule, covered nonexempt employees generally receive at least one and one-half times their regular rate for hours worked over 40 in a workweek. DOL overtime guidance explains that hours cannot simply be averaged across multiple weeks. Being salaried does not by itself decide exemption; duties and the applicable tests matter. State rules may provide additional rights.

List each affected workweek or pay period, hours worked, rate, amount paid and amount you believe is missing. Include deductions, commissions or bonuses where relevant, with their terms. If records are incomplete, keep your best dated account and explain how you calculated it.

A federal FLSA court action generally has a two-year limit from accrual, or three years for a willful violation. Sections 255 and 256 in the EEOC-hosted statute text distinguish the limitation period from when a court action is commenced; collective-action written consents can matter. Contacting WHD is not the same as commencing that action. Ask promptly how the clock affects particular pay periods.

WHD’s worker FAQ explains its free complaint process and limits. Federal minimum-wage/overtime law does not supply a collection procedure for every promised payment, vacation benefit or commission above its requirements. State law or a contract may provide another route. Recovery, additional damages and attorney fees depend on the claim and circumstances; no amount is guaranteed.

Do not use a superseded salary threshold from an old search result. The May 2026 DOL technical amendment restored the pre-2024 regulatory text after the 2024 overtime rule was vacated. Ask which current exemption and state rules apply to your work.

Check dismissal, safety, collective activity and benefits separately

There is no single national answer to every wrongful-termination question. Assess the stated reason, surrounding events, contract or collective agreement, employer type and applicable state law. An unfair result is not enough by itself, while a dismissal can raise overlapping discrimination, wage or retaliation issues.

The NLRA protects covered employees acting together for mutual aid or protection, including some nonunion activity. Its definitions exclude several groups, including supervisors, independent contractors and public-sector employees. Do not assume every workplace disagreement is protected collective activity or every worker uses the NLRB route.

For a safety concern, distinguish reporting the hazard from complaining about punishment for reporting it. The federal safety-retaliation regulation explains the short complaint period. It does not give an unrestricted right to refuse work; obtain advice on the actual danger and circumstances.

The official FMLA guide explains unpaid, job-protected leave for eligible employees of covered employers. Use the relevant state labor office, workers’ compensation office or unemployment program for additional or different routes. This page does not determine eligibility, benefits or appeal time limits.

If offered a severance agreement, release or revised contract, keep every page and the covering message. Obtain advice on the payment, rights affected, restrictions and actual acceptance or revocation terms before signing. Do not assume all employment agreements have the same waiting or cancellation period, or that requesting extra time grants it.

Prepare a record an agency or attorney can use

Put your closest known deadline and the outcome you need at the front. Preserve originals and use records you lawfully possess; do not take unrelated employer or coworker confidential material.

Employer’s legal name, work location, workforce information if known, your role, dates of work and any public-sector, contractor or union connection.
Contract, offer, job description, handbook, collective agreement and relevant pay, leave or complaint policies.
Dated chronology of the important events, exact words where recorded, decision-makers, witnesses and the employer’s stated reasons.
Pay-period calculations, time records, pay statements, deductions and relevant commission or bonus terms.
Relevant messages, performance records, complaints, requests for accommodation or leave and responses.
Complete termination or severance documents, all revisions, proposed payments and acceptance deadlines.
Every agency submission, acknowledgement, reference number, decision or right-to-sue notice, plus proof of filing, service and receipt.
Questions about the correct claim, deadline, filing responsibility, free-help options, scope of legal work and likely fees.

Ask for a suitable secure channel before sending sensitive documents. A conversation or appointment does not itself file a charge, commence a lawsuit, stop a deadline or guarantee representation.

Have your employment records and next step assessed

An independent attorney can assess coverage, possible claims, the closest deadline and the suitable agency or court route. Bring your chronology, pay calculation and complete notices or proposed agreement. Confirm the attorney is licensed and able to assist with the relevant state and matter.

Legal Hotline advertises a US$195 platform booking, intake and appointment-coordination fee. Eligible bookings can include an initial consultation with an independent participating attorney at no further initial lawyer charge, subject to suitability, licensing, availability, conflicts and acceptance. Further work and fees require separate agreement.

View the US$195 consultation booking Free information: 1 844-690-0555

Legal Hotline is not a law firm. The free 1-844-690-0555 line provides AI-generated general information, not personal legal advice, and creates no attorney-client relationship. Do not assume a platform conversation has attorney-client privilege. Confirm duration, format, scope and terms before payment. Drafting, negotiations, filings, urgent work and representation are not automatically included. Booking does not preserve a deadline.

Official help and free legal information

Agency services and independent legal representation are different. Ask about eligibility, scope and capacity early; an application does not guarantee acceptance before your deadline.

EEOC

Its discrimination-charge services are free and you do not need a lawyer to file. Call 1-800-669-4000 for information about the process. Federal employees generally use their own agency’s EEO office first.

Wage and Hour Division

Free help and complaints concerning federal laws it enforces. Call 1-866-487-9243; published office-help hours are Monday–Friday, 8 am–4:30 pm local time, with regional variation. It does not handle every employment dispute.

National Labor Relations Board

For covered collective-activity and unfair-labor-practice issues, call 1-844-762-6572. There is no charge to file and no lawyer is required. A filed charge is sent to the respondent; an informal inquiry is different.

Local civil legal aid

Use the Legal Services Corporation directory to find a local provider. Eligibility, employment-law scope and capacity vary; contacting a provider does not mean your case is accepted.

US employment-law questions

How long do I have to bring a US employment claim?

There is no universal deadline. The route may involve an EEOC charge, federal EEO counseling, a wage lawsuit, safety-retaliation complaint, NLRB charge or state procedure. Some limits can be as short as 30 days. Identify the actual claim, employer, state, event and notice promptly; a consultation or HR complaint does not itself preserve every filing deadline.

Is the EEOC deadline 180 days or 300 days?

Generally 180 days, potentially extended to 300 when a state or local law prohibits discrimination on the same basis and an enforcement agency exists, subject to the applicable proceedings and filing rules. Age claims have different state-only requirements and can include an earlier 30-day period after notice that state proceedings ended. Do not assume 300 days simply because your state has an agency.

Do federal employees use the same EEOC charge process?

Generally no. Under the ordinary federal EEO complaint route, employees and applicants first contact their agency’s EEO counselor within 45 days of the discriminatory matter or effective date of a personnel action. Specified extensions and special routes can apply. Obtain advice about the actual federal claim rather than using the private-sector timetable.

Does booking an EEOC interview count as filing a charge?

Not automatically. An inquiry or interview booking and a filed charge are different. Rules about sufficient written submissions and amendments can matter, so ask the EEOC to confirm the status of anything already submitted and what must be done within time. Keep the acknowledgement and charge record.

Does the 90-day right-to-sue period start when a notice is issued?

The usual EEOC court-action window runs from receipt, not merely the date printed on the notice. The particular claim and notice matter. ADEA age claims and Equal Pay Act claims have procedural differences, so obtain advice on the documents and preserve evidence of receipt.

Does complaining to the Department of Labor stop the wage-lawsuit clock?

Do not assume so. A federal FLSA court action generally has a two-year limit from accrual, or three years for willful violations. The rules for commencing a court action and collective-action written consent are separate from contacting WHD. Ask promptly about particular pay periods, possible state claims and the necessary filing.

Do salaried employees always miss out on overtime?

No. Salary alone does not settle exemption. Covered nonexempt employees generally receive at least one and one-half times their regular rate for hours worked over 40 in a workweek. Actual duties, the applicable exemption tests and any additional state protection matter.

Can I complain about retaliation for reporting a safety problem?

Potentially, within the relevant law’s coverage. Federal OSH Act section 11(c) generally has a 30-day complaint period, with limited tolling; other whistleblower laws and state-plan procedures can differ. A hazard report and a retaliation complaint are separate, and an internal grievance does not itself extend that federal period.

Do I need to belong to a union to contact the NLRB?

Not necessarily. The NLRA can protect covered employees acting together about working conditions without a union. Coverage excludes several groups, including supervisors, independent contractors and public-sector employees. Its general six-month unfair-labor-practice limit involves filing and service, so ask promptly about the actual facts.

What evidence should I take to an employment attorney?

Bring a dated chronology, employer and work-location details, contract or handbook, relevant messages, pay calculations and records, and complete termination, severance or agency notices with proof of receipt. Preserve originals and use material you lawfully possess. Put your closest known deadline and desired outcome first.

Where can I get free employment-law help?

EEOC and WHD provide free services within their scope, and an NLRB unfair-labor-practice charge can be filed without a fee or lawyer. These are not the same as your own attorney representing every claim. The LSC directory can help locate civil legal aid; eligibility, employment-law scope and capacity vary.

Is the free hotline an attorney, and what does US$195 cover?

The free line provides AI-generated general information; Legal Hotline is not a law firm. US$195 is the platform booking, intake and coordination fee. An eligible booking can include an initial independent-attorney consultation at no further initial lawyer charge, subject to suitability, licensing, availability, conflicts and acceptance. Confirm duration, scope and terms; filings and representation are not automatically included.

Sources and update record

Sources checked 24 October 2026. Selected complete federal provisions, current agency guidance and service terms support this guide. State-specific merits, every federal exception, benefit eligibility and all limitation rules have not been audited. Check the actual documents and current instructions; search-result summaries are not a substitute for that assessment.

General information only, not legal advice. Updated 24 October 2026. Checked against the sources above on 24 October 2026.