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In what state case should be filed?

Discussion in 'Discrimination & Sexual Harassment' started by pmpkid1010, Sep 30, 2016.

  1. pmpkid1010

    pmpkid1010 Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    For a long time, I am subjected to harassment, racism, and retaliation from my manager. I do have lots of emails and other proof to make my case, and I am looking to file a case against the company and the manager. MY company is large, headquartered in Indiana, and has offices all over US including NJ, and OH. I work in NJ and my manager is in OH.

    Where the case should be filed?
    - New Jersey since I am based in NJ and company does have office in NJ
    - Ohio where manager is based
    - Indiana where company is headquartered
     
  2. cbg

    cbg Super Moderator

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    AFTER you have filed a complaint with the EEOC and gotten your right to sue letter (without which you cannot file a complaint anywhere). you file in New Jersey.
     
  3. pmpkid1010

    pmpkid1010 Law Topic Starter New Member

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  4. army judge

    army judge Super Moderator

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    NJ has a rather novel approach to sharing employment discrimination cases with the feds.

    If I were you, I'd start my claim with the State of NJ, rather than the Federal EEOC.

    Read their link:

    Filing a Discrimination Claim - New Jersey - Workplace Fairness
     
  5. cbg

    cbg Super Moderator

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    There's nothing wrong with going through the state instead of the EEOC, (although the cross-filing agreement between NJ and the EEOC is hardly unique to NJ). There are several states which provide greater protections than the Federal law does, and it only makes sense to go through the one which offers the greatest protection.

    However, the fact remains that whether you want to go through the state agency or get a right to sue letter from the EEOC, you still cannot jump right to a lawsuit. The proper process has to be followed and regardless of Federal or state action, a lawsuit is the last step in the process, not the first.
     

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