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litigating employment and wrongful termination cases in state v federal court in California

Litigation of Wrongful Termination Cases in State v Federal Court in California

An employer who is incorporated in a state other than California can remove a case filed against it in State court by their aggrieved employee to Federal Court, and in fact employer often do that. The main advantage that an employer has in federal court is the unanimous jury decision required for the plaintiff to prevail in a case that goes all the way to jury trial, while in State court, it is enough for the plaintiff to have 9 votes out of 12 in order to win. Considering the fact that very few cases go to trial, this is not a huge disadvantage for the plaintiff.

On the other hand, there are at least three several significant advantages to plaintiffs in federal court: first, depositions are generally limited to 7 hours per witness, so the employer's attorney cannot drag plaintiff's deposition for 2 or 3 or more days like they sometimes do when in state court; secondly, there is no deadline to file a motion to compel to disclose documents that the other party refuses to produce, while in state court there a 45-day deadline for a party to move to compel documents that the other side refuses to produce. This reduces the pressure on the parties to file motions to get the documents from each other and encourages them to try to resolve their written discovery disputes informally. Thirdly, shortly after the case is filed or removed to Federal Court, the parties get a "scheduling order" where they get all the information about the dates for upcoming hearings all the way up to trial, which allows you to plan better on how and when to prepare to disclose evidence, appear at hearings and prepare for trial.  

Of course, the other consideration is that removing the case filed in state court to federal court is yet another opportunity for the employer's attorneys to bill a few hours of work to their client - the kind of work that isn't always neccessary or even in their clients' best interest, but it surely looks impressive since it involves quite a bit of paperwork.

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case