One of the most common questions I get from California employees is simple: does a verbal complaint at work count, or does it have to be in writing? Many employees feel stuck and are unsure whether speaking up is enough, or whether they need to formalize the complaint to be taken seriously. The truth is that workplace complaints aren’t just about voicing concerns; they’re about creating a record. And in California, where employment disputes often turn on what can be proven, the difference between a verbal complaint and a written one can decide the outcome of your case.
That’s why understanding how to make a workplace complaint in California is so important. Knowing when to speak up, how to document your concerns, and when to put things in writing can protect your rights and strengthen your position if your employer later retaliates.
I’m Matt Ruggles, and I’ve been practicing employment law in California for more than 30 years. Over that time, I’ve seen countless cases where the way an employee made a complaint determined the strength of their claim. In harassment cases under the Fair Employment and Housing Act (FEHA), the first question is often whether the employee complained and how. If there’s no record, the employer argues they never had a chance to fix the problem. In retaliation cases, the timing of the complaint, whether it was verbal or written, can make or break the claim. The bottom line is this: how you complain matters. A verbal complaint may get the ball rolling, but in California employment law, written complaints usually carry the weight that convinces a judge or jury.
I wrote this blog to give California employees a clear understanding of verbal versus written complaints, how to make your complaint effective at work, and how to protect your rights when a complaint becomes the centerpiece of your case.
If you’ve made a workplace complaint and are worried about what might happen next, the Ruggles Law Firm can help. Call us at 916-758-8058 for a free evaluation of your situation.
Does a Verbal Workplace Complaint Count in California?
Employees often ask me whether a verbal complaint is enough. The short answer: yes, but only if you document it. Think of complaints the same way you think of warnings. A so-called “verbal” warning at work is rarely undocumented and it almost always winds up in your personnel file. Complaints work the same way. If you don’t create some kind of record, your employer can later claim the complaint never happened.
How to Document a Verbal Complaint at Work in California
If you make a verbal complaint, you need to back it up immediately. Documentation doesn’t have to be complicated, but it does need to be clear and dated. Here are the most effective ways:
Documentation Method #1: Note to Yourself
Write down the date, time, and what was said. For example:
“April 12, 2025 – Met with HR Director Susan in her office at 2:00 p.m. I told her about my supervisor’s repeated inappropriate comments. She said she would ‘look into it.’”
A short, precise note like this can become powerful evidence when a case turns on whether your complaint was ever made.
Documentation Method #2: Confirmation Email
Follow up your verbal complaint with a quick email. It doesn’t need to be confrontational. Something like:
“Thanks for meeting with me today to discuss my concern about the scheduling changes. I appreciate you taking the time to listen, and I look forward to hearing how the company plans to address it.”
I’ve seen single emails like this tip the balance in a case. They prove the complaint was made, and they show you acted professionally.
Documentation Method #3: Saved Record
Even the best email or note is useless if you can’t later produce it. Save a screenshot, take a photo of your handwritten note, or keep a PDF copy of your email. That way, if the company’s system conveniently “forgets” your complaint, you still have the evidence.
Without these steps, your credibility is left wide open for attack. Employers and their lawyers will argue that if you can’t prove when and how you complained, maybe you never did. Creating your own record shuts that argument down before it starts.
The Importance of Written Complaints in California Workplaces
A written complaint is always stronger than a verbal one. Most companies have formal complaint procedures, and you should use them. If you skip the procedure, the company may later argue that you could have avoided the problem by following policy. Even though that’s a weak defense under California law, why give them the chance? A written complaint creates evidence that is hard for an employer to deny.
Scenarios That Require a Written Workplace Complaint in California
When thinking about how to make a workplace complaint in California, it helps to look at the specific scenarios where putting your concerns in writing is essential.
Scenario #1: Harassment, Discrimination, or Sexual Harassment
If you are being harassed based on your race, gender, disability, sexual orientation, or another protected category, or if you are experiencing sexual harassment at work, always put it in writing. Under California’s Fair Employment and Housing Act (FEHA), employers must take action once they are on notice. A written complaint eliminates the defense that the company “didn’t know” about the misconduct.
Example:
“On March 10, 2025, I am submitting this complaint regarding repeated inappropriate comments from my supervisor about my gender. These comments have continued over the last month despite my previous verbal complaint to HR on February 25, 2025. I am also reporting unwelcome sexual remarks that have created a hostile work environment. I request that the company investigate and address this behavior.”
For more information about filing a workplace complaint and protecting your rights in cases of sexual harassment, read my blog How Should I Respond to Sexual Harassment?
Scenario #2: Retaliation in California Workplaces
If you believe you are being punished for speaking up, for example, being demoted, excluded from projects, or suddenly given negative reviews after reporting unlawful conduct, a written complaint locks in the timeline. That timeline often makes or breaks a retaliation claim under California Labor Code § 1102.5.
Example:
“On April 15, 2025, I reported concerns about potential billing irregularities. Since that time, I have been removed from key projects and excluded from meetings I normally attend. I believe these actions are retaliation for raising my concerns, and I am requesting that the company review and address this situation.”
Scenario #3: Workplace Safety Violations in California
If you are dealing with unsafe working conditions, a written complaint does more than document your concern. It also gives you added protection under California Labor Code § 6310, which prohibits employers from retaliating against employees who raise workplace safety issues.
Example:
“On May 2, 2025, I am submitting this complaint regarding unsafe equipment in the warehouse. Several forklifts have malfunctioning brakes, creating a risk of injury. I previously reported this verbally to my manager, but no repairs have been made. I request immediate corrective action to protect employee safety.”
Scenario #4: Unpaid Wages or Overtime in California
If your paycheck is missing hours, overtime pay, or commissions, make the complaint in writing. California Labor Code §§ 226 and 510 require accurate wage statements and proper overtime pay. A written record showing when you raised the issue can later become critical evidence in a wage claim.
Example:
“On June 7, 2025, I am submitting this complaint regarding unpaid overtime. My paycheck for the week of May 26 to June 1 did not include 10 hours of overtime that I worked. I request that payroll review my timesheets and issue the correct payment.”
If you’re interested in learning the fastest way to recover unpaid wages in California, read my blog Fastest Way to Recover Unpaid Wages in California.
Scenario #5: Leave or Disability Accommodation in California
If you are denied family leave, medical leave, or a reasonable accommodation for a disability, put your request and the denial in writing. California’s FEHA and the California Family Rights Act (CFRA) protect employees in these situations. A written complaint creates a record that you exercised your rights, making it harder for an employer to claim ignorance later.
Example:
“On July 12, 2025, I requested a modified schedule as an accommodation for my medical condition. My request was denied without discussion of alternatives. I am submitting this written complaint to document my request and to ask that the company reconsider in compliance with California law.”
For an explanation of medical leave and your rights under California law, read my blog post California Leave of Absence: Advice to Employees.
If you’ve already filed a complaint and your employer is now retaliating, call the Ruggles Law Firm at 916-758-8058 for a free evaluation.
When Should You File a Written Workplace Complaint?
Employees often ask, “How soon should I complain? Is it too late?” The simple answer is this: the sooner, the better. Waiting can hurt both your credibility and your legal protections.
If you stay silent for weeks or months, your employer may argue that the problem couldn’t have been serious, otherwise, you would have reported it earlier. Judges and juries notice delays too, and long gaps between the misconduct and your complaint can weaken your case.
On the other hand, once you make a complaint, whether verbal or written, California law begins protecting you. Under the Fair Employment and Housing Act (FEHA) and Labor Code § 1102.5, retaliation protections kick in as soon as you speak up about unlawful conduct or workplace rights. From that moment forward, if your employer demotes, disciplines, or fires you because of your complaint, that retaliation can form the basis of a legal claim.
Don’t wait until the situation becomes unbearable. The earlier you complain, the stronger your credibility, the clearer your paper trail, and the broader your legal protection.
Who Should You Address Your Workplace Complaint To?
Most companies require complaints to be submitted through HR. Depending on the situation, you may also copy your manager or another supervisor. The key is making sure the complaint reaches someone with authority to fix the problem. If you only tell a co-worker or a low-level supervisor without decision-making power, the company can later argue it never had official notice of the issue.
Example of a Proper Written Workplace Complaint in California
If I were making a complaint myself, here’s exactly how I’d write it:
“On May 3, 2025, I am submitting this written complaint to report ongoing harassment by my supervisor, John Smith. Over the past two months, he has made repeated inappropriate comments about my disability, including statements that I am ‘too slow’ and ‘holding the team back.’ I previously raised this issue verbally with HR on April 20, 2025, but the behavior has continued. I am requesting that the company investigate this matter and take appropriate corrective action.”
That kind of complaint is professional, specific, and hard for the employer to ignore. It documents the who, what, when, and what you want done about it. Judges and juries respect that kind of clarity, and employers have a much harder time dodging responsibility when you’ve put the problem in writing.
What Happens After You File a Workplace Complaint in California?
Once you make a complaint, whether verbal or written, your employer has a legal duty to investigate. In California, that means the investigation must be timely, impartial, and thorough.
Many employees assume HR will keep their complaint entirely secret. That isn’t realistic. Confidentiality in workplace investigations is limited: HR and management will share your complaint with the people who need to know in order to investigate. That usually includes your supervisor, relevant witnesses, and sometimes upper management.
What your employer cannot do is turn your complaint into office gossip or use it as a reason to punish you. If your manager or coworkers retaliate against you, through discipline, demotion, exclusion, or termination, that is unlawful under the Fair Employment and Housing Act (FEHA) and Labor Code § 1102.5.
What a Proper Investigation Should Include
- Witness Interviews: HR or the investigator should interview you, the accused, and any witnesses with knowledge of the events.
- Document Review: Emails, texts, schedules, and other records should be reviewed to corroborate the complaint.
- Timeliness: Investigations should begin promptly after your complaint is made, not weeks or months later.
- Impartiality: The investigator should not be biased in favor of management or the accused.
- Follow-Up: You should be informed that the matter was investigated and whether corrective action was taken, even if details remain confidential.
The bottom line: you can’t demand absolute secrecy, but you can demand professionalism. Your employer must limit disclosure to those necessary for the investigation and must protect you from retaliation for speaking up.
Why Written Complaints Are Your Best Legal Protection in California
A written complaint doesn’t just put your concerns on record, it creates hard evidence. If your employer ignores it, that failure can become a separate legal claim against them. In California, judges and juries often look first at the paper trail.
Verbal complaints may get the process started, but they are easy for an employer to deny or downplay. A written complaint, by contrast, proves when you spoke up, what you reported, and how the company responded. That record can make the difference between an employer successfully arguing “we didn’t know” and being held accountable for failing to act.
When cases go to trial, written complaints usually carry the weight that convinces a judge or jury. That’s why I tell employees: if the issue is serious enough to threaten your job, your pay, or your rights, put it in writing. In California workplaces, written complaints don’t just protect you in the moment, they win cases.
What If You’re Afraid of Retaliation After Complaining at Work?
One of the biggest reasons employees hesitate to complain is fear of retaliation. It’s a legitimate concern and sometimes employers do push back when someone speaks up. But California law gives you strong protections.
Under the Fair Employment and Housing Act (FEHA) and Labor Code § 1102.5, it is illegal for your employer to retaliate against you for making a good-faith complaint about harassment, discrimination, safety issues, or other violations of workplace rights. Retaliation includes actions like demotion, discipline, pay cuts, exclusion from projects, or termination.
Example:
“If you’re demoted, disciplined, or fired after your complaint, that may be a separate legal claim in itself.”
What Counts as Retaliation
- Sudden negative performance reviews after you complain
- Demotion, pay cuts, or loss of hours
- Being excluded from meetings or projects you normally handle
- Increased discipline or write-ups for minor issues
- Termination shortly after making a complaint
What Usually Does Not Count as Retaliation
- General workplace tension or coworkers avoiding you
- Legitimate discipline or performance reviews documented before your complaint
- Ordinary changes in workflow or staffing that affect everyone equally
The law recognizes that complaints are the only way problems come to light, so retaliation for raising them is treated as a serious violation. By putting your complaint in writing, you not only create a record of the original problem, you also protect yourself if the company responds illegally.
To understand whether being terminated after filing a complaint is wrongful termination, read my blog Is Being Fired After Filing a Complaint Considered Wrongful Termination?
Frequently Asked Questions About Workplace Complaints in California
How do I make a workplace complaint in California?
To make a workplace complaint in California, put it in writing whenever possible. Include the date, details of what happened, the people involved, and what action you are requesting. Submit it to HR or a manager with authority, and always keep a copy for yourself.
Is a verbal workplace complaint enough in California?
A verbal workplace complaint is valid, but only if you document it. Following up with an email or note creates a record that can protect you if the employer later denies your complaint or retaliates.
Who should I address my workplace complaint to in California?
Most employers require workplace complaints to be submitted through HR. Depending on your workplace, you may also copy your supervisor or another manager. What matters most is making sure the complaint reaches someone who has authority to fix the problem.
What should I include in a written workplace complaint in California?
Your written complaint should be short, professional, and fact-based. List the date, describe the misconduct or issue, identify who was involved, and clearly state that you are requesting the company investigate and take corrective action.
What happens if I am retaliated against after filing a workplace complaint?
If you are demoted, disciplined, excluded from projects, or fired after making a complaint, California law may treat that as retaliation. Both the Fair Employment and Housing Act (FEHA) and Labor Code § 1102.5 protect employees who make good-faith complaints. Retaliation can form the basis of a separate legal claim.
Conclusion: Protecting Yourself With Written Workplace Complaints
In California, verbal complaints are valid, but written complaints are powerful. If you want to protect your job, your pay, and your rights, you need to understand how to make a workplace complaint in California the right way. Document everything, follow your company’s procedures, and always keep a copy for yourself.
If your employer ignores your complaint or retaliates against you for speaking up, that response may be illegal under California law. At that point, your written record becomes more than just paperwork, it becomes the foundation of a legal claim.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation evaluation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
