Fired without cause

[mountainwarrior7]

Jurisdiction

Nevada

The employer is in California, I answered an internet ad for a job on a military base in Nevada, I live in Nevada. I was fired for no good reason, I have reason to believe the reason I was hired initially was to act in the place of the person who replaced me as that person was on another project at the startup date and couldn't get away to start the project in question. I was told the project would last for a year - I was there 4 weeks.

1) Because of the interstate nature of my hiring is there a case for federal jurisdiction?

2) I live in Nevada but the company is in California, can I bring a small claims action in Nevada?

Thanks.

 

[adjusterjack]

1) Because of the interstate nature of my hiring is there a case for federal jurisdiction?

No.

2) I live in Nevada but the company is in California, can I bring a small claims action in Nevada?

Sure. You just aren't going to win.

You were employed at will. You could be fired for any reason at any time as long as it didn't violate anti-discrimination laws.

File for unemployment ASAP and look for another job.

Nobody did anything illegal to you.

 

[cbg]

In 49 out of 50 states and sometimes in the 50th, your employer does not need a good reason to fire you. He does not need even a bad reason to fire you. In the absence of a legally binding and enforceable contract or CBA that expressly and in so many words spells out the reasons you can be fired, they can let you go because the day of the week ends in Y. You can be fired because your boss is a Lakers fan and the Celtics beat them last night. You can be fired (yes, this is a real question that was asked on a like board some years ago) because you had a banana on your desk. All of these are legal reasons and neither the Federal government nor the state government in any state but Montana would care. And in some instances even Montana wouldn't care.

Nothing illegal transpired.

 

[Betty3]

Sorry but agree with other responders - employer did not do anything illegal re your termination.

You can file for unemployment ins. - state will determine if you qualify & look for other employment.

Good luck.

 

[mountainwarrior7]

Adjusterjack says I can file a claim in small claims court in Nevada even though the company is in California. Do the rest agree? There is more to the story folks, there's an issue of unpaid wages and expense reimbursement that was promised (as demonstrated in an email) but not paid.

 

[army judge]

can file a claim in small claims court in Nevada even though the company is in California. Do the rest agree?

You can file a small claims case in NV, but serving your potential defendant in CA will prove to be daunting, as in so difficult that it is deemed IMPOSSIBLE.

Small claims courts suffer from the ability to use what the courts of record term, "long arm statutes".

Bottom line, after you file, you'll never be able to serve your target/defendant in CA.

If you were to file and try, the defendant corporation will aggressively defend the service, and will quickly prevail.

That leaves you with an even more daunting challenge, filing against them corporation in CA.

Of course, that will make your lawsuit financially impractical.

Your best option, if you allege "unpaid wages and other promised compensation" is to file with the state of NV "wage agency/bureau".


The Office of the Labor Commissioner is the agency in Nevada in charge of enforcing the wage laws of Nevada. It will investigate your complaint, determine whether there is substantial evidence a violation has occurred, and if it has they will try and recover any wages you are owed.

If you have a wage complaint, you should contact the Office of the Labor Commissioner at:
Office of the Labor Commissioner
555 E. Washington, Suite 4100
Las Vegas, NV 89101
(702) 486-2650

OR
Office of the Labor Commissioner
1445 Hot Springs Road,
Carson City, NV 89706
(775) 687-4850




Here is their website:
...
...
http://labor.nv.gov/
...
...

If you were a CONTRACTOR, and NOT an employee, what you MIGHT be owed, the law doesn't consider wages.

As a CONTRACTOR, you'll have to SUE the company in a court of law.

What people call wages insofar as employees are concerned, the calls what you allege to be owed to you as a civil matter, as in an alleged debt.

If you were a CONTRACTOR, forget anything I wrote above, as that applies ONLY to employees.

 

[cbg]

If the "case" you want to file is for unpaid wages, there are better ways to go than small claims. In fact, small claims is about the last way I would go with either Nevada or California.

If the "case" you want to file has to do with your termination, give it up. You've got no case at all.

 

[ElleMD]

While I don't disagree entirely with the above, were you an actual federal employee? As in, your employer was the federal government?