Legal Question in Civil Rights Law in Florida
How can I establish venue in Miami
I recently moved to Miami and want to file a complaint aganist my former employer in Virginia, for viloations of Title VII and the Civil rights act of 1991.
Can I file such a claim in the U.S. District Court Southern District of Florida, when all alleged vilations incurred in Virginia?
Does my residence in Miami establish venue?
1 Answer from Attorneys
Re: How can I establish venue in Miami
First, you must file a complaint with the EEOC. That is mandatory before you sue in federal court. There are timelines so don't delay. You probably have 300 days from the date of the last alleged incident, but it could be as short as 180. So, if you are within the 300 days (or even if not - there could be reasons for an extension), contact the local Virginia office of the EEOC (EEOC.gov for info) and ask them if you have to file with them in VA. (Probably yes.) After that investigation, you can decide whether to sue in federal court. You can bring the suit in Miami, but chances are the employer will move for a change of venue to VA and get it because all the incidents and witnesses are VA-related.
Good luck.
Jeff Sheldon
The Sheldon Law Firm
Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.
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