Clearwater, FL asked in Employment Law for Florida

Q: Are state statutes beyond just the federal violations applicable in an employment case filed in federal Court?

I am filing suit pro se against former employer in federal Court for whistle-blower/retaliation, violation of Flsa, wrongful termination, promissory estoppel, and emotional distress (is that a complaint in itself, or damages awarded for other complaints?). There are applicable Florida statutes that extend protections for employees above and beyond federal laws, so do those protections apply as well in the context of federal court cases? Or are only violations of federal laws at issue in federal Court? Not sure whether to include violations of state laws and county ordinances in complaint... Please advise. Thank you for your time.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You could include your state-law issues if there is diversity of citizenship between you and the defendant and the amount you are claiming under the state-law issues meets the diversity limitations.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Google “pendant jurisdiction” and read at least three or four definitions you find under that heading. Personal experience advice: the fewer the number of separate counts the better the chances of surviving the multiple motions to dismiss you are going to receive from defendants.

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