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If I Work Remotely, Where Should I Sue My California Employer?


More and more tech companies are embracing the remote working schedule that emerged as a necessity during the pandemic. This has led many employees to relocate to areas with a lower cost of living, while they maintain their Silicon Valley employment. While this arrangement has many benefits, it does have an unintended consequence as well: it can be more complicated figuring out where to sue your employer. Luckily, there is always an answer, and you may even have more venues available to you than you thought. There are many considerations to weigh though when deciding which venue is best for you to bring your claim, and we will go into more detail about those below. Of course, it is always best to consult with an employment law attorney to ensure that you are making the best possible choice for your specific situation.

What State to File a Lawsuit in If You Live and Work in Different States

If you live and work in the same state, it is an easy decision with regard to where to file a lawsuit. However, if you live in a different state than the one your company is located in, things can become a bit more complicated. Luckily, once you know the rules, it will be easy to make a decision, and you may even realize that you have multiple options available to you when it comes to court venues. In short, if your employer is located in California, you have the option to sue them in California. This means that even if you live in another state, you should hire a California lawyer and file suit in California. You may also be able to file suit in the state you live in, if your employer also does business in your state and a substantial amount of the events giving rise to the lawsuit occurred there. This may be worth considering if it would be a significant inconvenience for you to carry out the lawsuit in a state that you don’t live in. However, it’s also important to remember that every state has different laws. And each state has their own licensing requirements for attorneys enabling them to practice law within that state.  When you file a lawsuit in a state’s court, you are also signing up for all of their laws, so it’s important to consider which laws best support your claim. California has more laws supporting employee rights than any other state in the country, so it is unlikely that you will find another state as beneficial to your claim as California if it is based on employment discrimination or other matters related to your employer. If you still have questions about which state is best for you to file in, the best thing to do is to consult directly with an experienced employment law attorney.

Talk to the Costanzo Law Group

If you have experienced discrimination, harassment, pay inequity, or other illegal conduct by your California employer, the San Jose employment law attorneys at the Costanzo Law Group are ready to help. Contact the Costanzo Law Group today to schedule a consultation.


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