When an individual indicates an interest in making a complaint on employment related issues, a trained complaint taker offers the following services.
- To explain the operation of the Employment Services Complaint System.
- Investigate if the complaint is Employment Service related, non-Employment Services related or not applicable the Employment Service Complaint System
If the complaint is Employment Services related staff will assist the individual to make a complaint and direct it through the proper internal channels. Staff will either work with employers or state and federal agencies to resolve the complaint. Staff will either work with employers or refer the complaint to state and federal agencies to resolve.
If the complaint is deemed non-Employment Services related the individual will be directed to the state or federal agency to lodge a complaint.
WIOA and ES Grievance Policies and Procedures
Policies
The Weld County Workforce Development Board and Employment Services of Weld County established the following general policies and procedures to ensure all staff are following proper complaint procedures.
View the Weld County Workforce Development and Employment Services Complaint Policies(PDF, 306KB).
The opportunity for an informal resolutions and a hearing will be completed within sixty (60) days of the filing of the grievance or complaint.
If the compliant cannot be resolved with the Complaint Officer within sixty (60) calendar days, or the complainant is dissatisfied with the decision, they may appeal the decision as follows:
1. An appeal must be in writing and filed with the Colorado Department of Labor and Employment (CDLE) within ten (10) calendar days after notification of the local decision or, if a timely decision is not rendered, within fifteen (15) calendar days from the date on which the complainant should have received a timely decision.
2. Whenever a Local Area has failed to provide procedural process in a timely manner to a complainant, and such failure results in an appeal to CDLE, the Local Area shall bear any costs associated with disposition of the appeal.
The following defines the appeal process:
- The appeal must be received by:
Colorado Department of Labor and Employment
State Equal Opportunity Officer
Ron Arthur
633 17th Street Ste 200
Denver, Colorado 80202
(303) 596-5706
The appeal must contain:
- A specific statement of the grounds upon which the appeal is sought
- A copy of the written, formal complaint submitted to the Local Area
- A transcript or recording of the hearing proceedings, and
- A copy of the written decision of the Local Area being appealed
The State Grievance Administrator will make a final decision within sixty (60) calendar days of receipt of the appeal.
- Notification of the State Grievance Administrator's final decision will be provided to the complainant and the Local Area.
- For reasonable cause, as determined by the State Grievance Administrator, the timeline of the state review hearing process may be extended.
Should the CDLE State Grievance Administrator not render a decision within sixty (60) days or the extended time period, or if the complainant chooses to appeal an adverse decision, an appeal in writing may be made to the:
Secretary of Labor
U.S. Department of Labor 200 Constitution Ave. NW
Washington, DC 20210 Attention: ASET
In addition, the appeal must be sent certified mail, return receipt requested.
A copy of the appeal must be simultaneously proved to the:
ETA Regional Administrator
U.S. Department of Labor 525 S. Griffin Street
Dallas, TX 75202
And the Colorado Department of Labor and Employment address:
Colorado Department of Labor and Employment
State Equal Opportunity Officer
Ron Arthur
633 17th Street Ste 200
Denver, Colorado 80202
Should the Secretary of Labor determine that the State or Local Area has violated any requirement of the law, remedies may be imposed, as determined by the Secretary of Labor. These include, where applicable:
- Reinstatement of lost benefits
- Suspension or termination of payments to the State or Local Areas under WIOA
- Prohibition of placement of a participant with an employer that has violated any requirement under this title; or
- Other equitable relief
ES Complaint Procedures
Employment Services of Weld County is responsible for establishing a complaint system to maintain central complaint logs to record ES and non-ES related complaints. All complaint posters and flyers must be displayed prominently at every office within the local area. All offices must educate the public on the complaint process and ensure there is a trained complaint taker available during office hours.
The Employment Service Complaint System
Report and copy of complaint logs, must be completed by the Weld County Department of Human Services (WCDHS) Complaint Officer and is due to Colorado Department of Labor and Employment's Monitor Advocate on the tenth day of the month following the end of the reporting quarter. The report is to be submitted to:
Colorado Department of Labor and Employment
Attn: Olga Ruiz, State Monitor Advocate
633 17th Street Suite 700
Denver, CO 80202-3627
Employment Services of Weld County is responsible for taking Employment Services related complaints up to two years of the alleged violation. An ES related complaint is any job referred and recorded in Connecting Colorado. ESWC must compile full documentation of all complaints, conducted follow up, attempt to resolve all wage and hour complaints locally, record all successful outcomes, or escalate unsuccessful complaints or non-wage and hour complaints to Weld County's Complaint Officer who will forward the complaint to the Colorado Department of Labor and Employment's (COLE) Monitor Advocate.
Complaints that are NOT employment services related should be referred to appropriate enforcement agencies that may be able to assist, for example, attorneys, consumer advocates and/or other assistance where appropriate. These complaints must also be logged in the complain log.(PDF, 271KB)