Why Would an Employment Law Issue Go to Federal Court?
There are several reasons why an employment law case might escalate from state court to federal court. In any of these cases, our attorneys can represent you.
- Federal Question Jurisdiction: This is when a case questions federal law. If a state has laws that cover the same situations as federal laws, the case will attempt to go to state court first. Some common federal statutes include the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA).
- Diversity Jurisdiction: This is when the plaintiff and the defendant are based in different states and the monetary amount in contention is over $75,000. Diversity jurisdiction can happen when you work remotely, your employer has multiple locations, or the terms of employment require you to travel.
- Constitutional Claims: If your accusations include your employer violating your constitutional rights, it could require a federal court. An example of this would be a case of discrimination. American citizens are protected against discrimination under the Equal Protection Clause of the 14th Amendment.
- Class Actions: If your case qualifies as a large-scale class action lawsuit, your case may be in a federal court. This case typically handles significant amounts of money across multiple states.