Section 360.120  Filing of the Claim and the Employer's Response

a)         An employee may file a complaint with the Department alleging a violation of the Act by filling out and signing the claim form provided by the Department and submitting the form and any supporting documentation. Complaints shall be filed within 180 days after termination or the complained of incident.

b)         Complaints shall be reviewed to determine whether there is cause for investigation.

c)         When appropriate, the Department will notify the employer of the existence of the claim, and will include sufficient details of the complaint to enable a reasonable response.

d)         The employer's response must be filed with the Department within 10 days after notification.

e)         Upon receipt of an employer's response disputing the claim, the Department may, when appropriate, send a copy of the employer's response to the claimant.

f)         If the employee disagrees with the employer's response, he/she must submit a response to the Department within 10 days stating his/her reasons for the disagreement.  If the employee fails to submit a response, the Department shall dismiss the claim.

g)         If the employer fails to respond within the prescribed deadline, the Department shall review the information submitted by the employee in order to determine whether an investigative conference on the claim is warranted.

h)         The Department may consider untimely submissions by either party upon written request by the party within a reasonable period of time, if there is a showing that the delay was occasioned by good cause beyond the party's control.