Generally, a complaint must be filed within two years of the date of the last action which the employee contends was in violation of the Act. However, if it can be shown that the action taken by the employer was willful, the complaint may be filed within three years of that date. For the best chance of success in resolving the complaint, the complaint should be filed as soon after the date of the last action thought to be in violation of the Act as reasonably possible.

The complaint may be filed by the employee or any other person on behalf of the employee.

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