There is no agreement with the employer that I will Not pursue it in the home state.
Exploring a retaliation at work claim - retaliation related to wages & possibly race. Was employed by a state Univ outside California but in the US.
If no jurisdiction who would be the party to complain?
I am CA resident and work was performed online from California. No physical presence at all outside California to perform the work.
Employment / Labor Attorney
The DLSE does have jurisdiction over companies located in other states which employ people in California, because California employees and employers are subject to California labor laws. However, if both the company and the work performed by the employee were in another state, California jurisdiction probably does not exist.
If there are race discrimination issues involved, the similar rules apply to jurisdictional issues for the DFEH. If jurisdiction does not apply in California for unlawful discrimination, an employee may file with the EEOC, a federal agency which may enforce federal discriminatory laws in all states.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
Employment / Labor Attorney
The DLSE have jurisdiction over wage and hour issues for CA-based employees of companies that are located anywhere. The DFEH has jurisdiction over race discrimination claims of CA-based employees of companies that are located in other states.
Proper venue for a lawsuit against a company that resides outside of CA would likely be in Federal court here, or in federal or state court in the state where the company "resides."
Please note that unless your claims fall under FEHA or Title VII, you may have a duty to file a government tort claim against the offending entity, depending on the laws of the jurisdiction where the employer is located, and the deadline for doing so can be very short. Do not miss that deadline.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
The Division of Labor Standards Enforcement has jurisdiction over wage and hour claims, i.e. failure to pay wages when due, minimum wage violations, failure to pay overtime, etc. The DLSE does not handle discrimination or retaliation claims.
The Department of Fair Employment and Housing has jurisdiction over complaints for discrimination. Before bringing a statutory based discrimination claim in court, you are required to exhaust your administrative remedies by filing a complaint with the DFEH within one year of the discriminatory act.
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