How can I report a violation if my employer in California is not following state E-Verify usage rules?
You can report your employer's violation of California's E-Verify rules by filing a discrimination and retaliation complaint with the California Civil Rights Department (CRD).
Here are the steps to report the violation:
Step 1: Gather Documentation
Collect all evidence of the violation. This includes copies of the job application, emails, text messages, company policies, or notes from conversations where your employer mentioned using E-Verify improperly. Document the dates and times of all relevant events. Improper use includes using E-Verify to screen applicants before a job offer is made or checking current employees when not required by federal law.
Step 2: Understand the Law
California Labor Code section 2814 forbids most private employers from using the federal E-Verify system voluntarily. It is only permitted when required by a federal contract or as a condition of receiving federal funds. Using it improperly can be considered a discriminatory practice based on national origin under the Fair Employment and Housing Act (FEHA).
Step 3: File a Complaint with the Civil Rights Department (CRD)
You can file a complaint with the CRD online through their Cal Civil Rights System, by mail, or by phone. You must file your complaint within three years of the illegal action. Be prepared to provide the documents you gathered in Step 1 and a clear description of how your employer violated the E-Verify rules.
Step 4: Cooperate with the Investigation
After you file, the CRD will likely contact you for an interview and then notify your employer of the complaint. An investigator will be assigned to your case. Respond promptly to any requests for information from the investigator to ensure your case moves forward.
Important considerations: Your employer is legally prohibited from retaliating against you for reporting a violation. This includes firing, demoting, or otherwise punishing you. If you experience retaliation, you can file a separate complaint with the CRD.
Note: The CRD process can take several months or longer. An investigation does not guarantee a specific outcome, but it is the official channel for addressing these violations.
This is general information and does not constitute legal advice. For complex situations, especially those involving retaliation, you should consult with a qualified California employment attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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