Section 31-51qq-44 - What is the complaint process?(a) The Labor Department shall make a finding regarding jurisdiction and, if it has jurisdiction, investigate complaints filed in accordance with section 31-51qq-43 of the Regulations of Connecticut State Agencies as expeditiously as possible. The Labor Department may, at its discretion, investigate separate complaints in a consolidated manner.(b) For purposes of this section, "respondent" means any employer or person, who is the subject of a complaint. the Labor Department shall provide to a respondent 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 respondent furnished with a notice pursuant to this subsection may respond in writing to the Labor Department not later than twenty-one (21) calendar days of the mailing date of such notice. The Labor Department may, in its sole discretion, afford the respondent additional time to respond. Such response may include any information, evidence or argument the respondent deems relevant or necessary to the Labor Department's investigation and hearing of the complaint. The continuation and completion of the Labor Department's 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 respondent.(d) Where the Labor Department, as the result of an investigation conducted pursuant to this section, has reason to believe that a respondent 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 individual 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 may require the parties to participate in a mandatory settlement conference and, in the absence of a settlement, a hearing officer designated by the Commissioner shall hold a hearing and render a final decision.(e) Where the Labor Department determines that it has no jurisdiction or, as the result of an investigation conducted pursuant to this section, finds that there is no reason to believe that a respondent 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 individual 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 dismiss the complaint and issue a release of jurisdiction in writing allowing the complainant to bring a civil action in the Superior Court. Any action brought by the complainant in accordance with this subsection shall be brought not later than ninety (90) calendar days after the date of the dismissal decision and release of jurisdiction from the Commissioner. A court of competent jurisdiction may award the employee all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this subsection had not occurred. Conn. Agencies Regs. § 31-51qq-44