Can I file EEOC lawsuit in California if company is HQ in NY but have offices in all 50 stand I worked for the company in Texas?
2 attorney answers
Generally speaking, venue in Federal Court is determined based on where the defendant resides and where the events giving rise to the claim occurred, not where a plaintiff resides. A lawsuit may be transferred to another US venue if that venue is more convenient or if a plaintiff mistakenly chooses an improper venue. You should contact and discuss your specific situation with a lawyer in-depth.
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If you only worked in Texas, then Texas law will apply, or the laws of the federal district that covers Texas. If the company is headquartered in New York and the events about which you wish to complain along with the majority of witnesses are in Texas, it is highly unlikely that if you filed in a CA federal court that it would be allowed to remain in California. Plaintiffs do not get to choose the venue that is most convenient to them.
It may not even be the correct move to sue under Title VII. You should consult with an employment attorney in Texas to determine if there is a more favorable state law that would address your situation. As an example, California's anti-discrimination laws are far superior to Title VII in several ways.
Finally, it is a huge mistake to try to handle a discrimination litigation on your own, especially in federal court. You are going to be eaten up and spit out by experienced defense attorneys who will be trying to get you to trip up at each stage, and your case will be viewed as worth far less in settlement or judgment value as long as you are at the helm.
It would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to the membership page for an organization called NELA, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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