19 Del. Admin. Code § 1326-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1326-2.0 - Commencement of Actions

2.1 Manner of commencing actions.

An action may be commenced by the filing of a complaint with the Department's Office of Labor Law Enforcement.

2.2 Who may file a complaint.

An employee or the Department on its own may file a complaint alleging a violation of the Workplace Fraud Act.

2.3 Preparation and contents of a complaint.

2.3.1 A complaint shall be filed on a printed form approved by the administrator.

2.3.2 The Department shall assist the employee in the completion of the complaint where necessary.

2.3.3 The complaint shall indicate that it is filed with the Department, and shall set forth the following:

2.3.3.1 The employee's full name, address, and telephone number;

2.3.3.2 The employer's full name, address, and telephone number if known;

2.3.3.3 A brief statement of jurisdiction identifying the nature, date of, and location of the employment relationship;

2.3.3.4 The specific prohibited basis or bases that gave rise to the filing of the complaint; or

2.3.3.5 A brief statement of the facts deemed to constitute the alleged violation;

2.4 Filing a complaint.

The filing of a complaint is perfected when received by an official of the Office of Labor Law Enforcement.

19 Del. Admin. Code § 1326-2.0

21 DE Reg. 237 (9/1/2017)
25 DE Reg. 287 (9/1/2021) (Final)