We frequently tell prospective employees that their employment lawsuit is quite likely to end up in the federal district court in Concord, and here’s why:
There are two ways that an employment case can end up in the federal court system (as opposed to the state superior courts, which are located within each county in New Hampshire).
First, “diversity.” If the employee lives in New Hampshire, but the employer is an out-of-state corporation (even though the employee worked in New Hampshire) and the amount in controversy exceeds $75,000, the employer can “remove” (or move) the case to the federal court system (even if the employee files the lawsuit in the state court system).
Second, “federal question.” If an employee’s lawsuit alleges violation of a federal employment law (such as Title VII, or the FMLA, or the ADA), then even if the employee files his/her suit in the state court system, the employer can “remove” (or move) the case to the federal court system.
We have only one federal district court in the State of New Hampshire, which is located on Pleasant Street in Concord, New Hampshire.
Because of the likelihood of employment cases being removed to federal court, it makes sense to have experienced federal litigators represent you in your employment lawsuit. Upton & Hatfield has a team of experienced federal court litigators who frequently represent clients in employment matters in federal court.