Can I sue my employer in California if I work out of the state, but the company HQ is in California? This is a common question – especially considering that many employers have out of state employees or even employees that travel frequently. Unfortunately, many employees do not know the answer to this question, so they fail to take any action for unfair treatment in the workplace and violations of labor laws. So, can you sue your employer in California if you work in another state? Yes – you can sue your employer in California even if you work out of state.
If you have questions about your right to take action against your employer that is head-quartered in California, contact us today. Our labor attorneys here at California Labor Law Employment Attorneys Group have decades of experience and are ready to provide you with the guidance that you need to file your employment claim and fight for your right to a fair recovery. If you are interested in learning more about your right to sue your California-based employer even if you work out of state, do not hesitate to reach out to us and discuss your current situation with our experts. We are more than ready to help you.
Types of Employment Claims
Some of the most common types of employment claims include the following:
- Discrimination claims
- Wrongful termination claims
- Pregnancy discrimination claims
- Wage and hour claims
Of course, each of these claims are very different.
Discrimination claims, in general, can arise from any sort of workplace discrimination. Based on California employment law, protected classes include the following: race and color; ancestry and national origin; religion and creed; age (only when 40 and over); mental and physical disability; sex and gender (including pregnancy, childbirth, breastfeeding, and other related conditions); sexual orientation; gender identity and expression; medical conditions; genetic information; marital status; military or veteran status. Any sort of unfair treatment in the workplace based on a protected class can be considered discriminative, whether its getting poor assignments, not getting considered for promotions, getting demoted, etc.
Wrongful termination claims consist of any firing that is solely based on the employee belonging to a protected class. Although most employment is at-will and employees and employers, alike, have the right to end the employment for essentially any reason, it is illegal for employers to terminate employees based on any of the protected classes mentioned above. Unfortunately, wrongful termination is often disguised behind false reports of poor performance, allegations of misconduct, and other things that would make termination valid.
Pregnancy discrimination claims consist of any unfair treatment based on pregnancy or related conditions. This could include being passed up for promotions, being given poor work assignments, refusing to accommodate, refusing to approve pregnancy leave, and ultimately firing the employee based on the pregnancy. Although pregnancy is not explicitly a protected class, it is protected under the sex and gender class. California also has specific laws regarding pregnancy discrimination that protects employees from unfair treatment, discrimination, harassment, or termination, based on pregnancy, childbirth, etc. and also protect the right to go on leave.
Wage and hour claims, specifically, arise from any sort of issues with pay and time worked. This can include unpaid wages, unpaid bonuses, unpaid overtime, etc. Based on California’s wage and hour laws, employees have the right to minimum wage, overtime pay (time and a half overtime and double time overtime based on the total time being worked), meal/rest breaks, etc. When employers fail to pay minimum wage or the appropriate overtime pay or fail to provide appropriate breaks, then employees can take legal action.
Past Court Case to Consider
A case from 2011, Sullivan v. Oracle determined that California’s overtime laws apply to employment in the state regardless of the employee’s residence. The claimants argued that although they did not live in the state, they performed some of their work in the state, and therefore, the state’s overtime laws applied – of course, the court agreed. In other words, the state’s employment laws apply regardless of whether the employee was living in or out of the state.
Other Things to Consider
In general, employment laws only apply when the work is being performed primarily in the state. Of course, this can be troublesome for employees who work out of state, like remote workers, or those who travel for work. Where do these workers stand? In general, given that all supervision and direction comes from California, then California employment laws will apply. However, this can vary based on the specific situation and type of work being performed; therefore, the best thing that affected employees could do is to speak to a lawyer as soon as possible.
Suing and Recovering Compensation
You might have grounds to file an employment lawsuit with the help of an experienced employment attorney. If your lawsuit is successful, you could be entitled to recover monetary compensation. What type of compensation could you recover? The answer to this question will depend largely on the type of case being pursued; however, it could include some of the following:
- Lost income
- Lost benefits
- Unpaid balances and interests on said balances
- Back pay
- Retraining costs
- Policy changes
- Punitive damages
- Legal fees
What you could potentially recover if your employment claim is successful will ultimately be based on the details surrounding your specific claim. For more information about the possible outcome of your claim, do not hesitate to contact the experts at our law firm immediately. Our experienced labor attorneys are ready to help you file your lawsuit against your California employer and recover the payout that you are owed.
What Should You Do?
If your rights as an employee were violated, it is important that you take action as soon as possible. There are a number of things that you should do to ensure that you can prepare to take action against your employer. For one, you should gather any evidence of the unfair treatment that you experienced. This can include any copies of reports made to HR or witness testimonies, for instance. You should also contact the appropriate employment agency to file a complaint; this agency will investigate the situation and take action against your employer. Of course, you also have the option to file a civil lawsuit against your employer with the help of a lawyer, but you will first need to be granted the right to sue from the employment agency handling your claim. For more information about what you should do to prepare to sue your employer, do not hesitate to seek legal assistance with the experts at our firm today.
Contact California Labor Law Employment Attorneys Group Today
You could sue your employer headquartered in California even if you work or live out of the state. If you would like to learn more about your right to sue for discrimination, wrongful termination, pregnancy discrimination, wage/hour claims, etc., you can trust the experts at our law firm to provide you with all the information that you need and pursue your claim and help you recover the payout that you are owed.
Here at our law firm, we are proud to offer free legal services. These free legal services include free consultations and free second opinions. During these legal services, our employment attorneys will answer all your questions address all your concerns and provide you with all the information that you need to start or continue your claim. If you are ready to speak with our experts, contact us today.
Our Zero-Fee guarantee ensures that our clients will never have to worry about paying upfront legal fees. In addition, because we work on contingency, our clients will not pay anything unless they win. If you do not win, you simply won’t be responsible for covering legal fees.
If you are ready to speak with our California employment experts, contact us today.