Can I sue my former employer from another state?

I worked at a shop for about 2 weeks before deciding to take another job elsewhere in another state. The shop paid me for 1 week of work and then never sent me another check for the

remaining hours he owed me. I found out a week ago my first paycheck bounced. I contacted the Dept of Labor and they couldn’t get anything out of him. So now I have no other option but to sue him. However, I’m wondering if I can do that from the state I’m living in now.

Asked on May 12, 2016 under Employment Labor Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are the plaintiff.  Your former employer is the defendant.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.  Therefore, you can file your lawsuit in the state where you currently reside.
To reduce costs, have a process server in or near the city where your former employer is located serve the employer with the summons and complaint.  The complaint is the lawsuit.


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