Technological developments and expansions in the global workforce mean that now more than ever companies employ people in a remote capacity. When a remote employee experiences employment discrimination, it can be difficult to determine the proper jurisdiction for pursuing a claim against an employer. Recently, the United States District Court for the District of New Jersey discussed the requirements for a court to exercise specific or general personal jurisdiction over a defendant employer in a case involving a remote employee. If you are a remote employee living in New Jersey and are being discriminated against by your employer, you should seek the assistance of a skillful New Jersey employment discrimination attorney to help you pursue damages from your employer.
Reportedly, the plaintiff was a resident of New Jersey who worked from her home for the defendant employer. The defendant employer is a wholly owned subsidiary of the defendant corporation. Both the defendant employer and the defendant corporation were incorporated in Delaware and have principal places of business in Georgia. It is alleged that the plaintiff was terminated in February 2017, after which she brought a claim against the defendants for wrongful termination. Specifically, the plaintiff alleged her termination was due to a pattern of discrimination based on age and sex and for taking medical leave.
Allegedly, although the plaintiff did not work for the defendant corporation, she attempted to establish personal jurisdiction over the defendant corporation by arguing that the defendant employer was merely an instrumentality for the defendant corporation and that both defendants controlled the manner in which she performed her job duties. The defendant corporation filed a motion to dismiss due to lack of personal jurisdiction.