Can I sue an out-of-state employer?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue an out-of-state employer?

I worked for a NJ company for a few years. My title was GM but the owner kept saying I was contract labor – we had no contract. He never withheld wages, he set my hours and assigned my tasks. Now I’ve quit and he won’t pay my final invoice. Claims he has no money though all others are getting paid, (I checked). Told me to sue him for the balance. How do I do that from WA, and can I add employment violations to the case?

Asked on July 20, 2011 Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You would not be a contract laborer if you were a W-2 employee. If you were an independent contractor (contract laborer), then you would be invoicing and getting payment on invoices. It appears you invoiced so it doesn't appear you were an employee. If you were not an employee, you do not enjoy the benefits employees have according to state and federal labor laws. If you are not paid on the final invoice, then your recourse would be indeed to sue him to obtain a judgment. If he files bankruptcy, your debt may be discharged by the court or if he files for reorganization, you may have to get in line with other creditors for payment. Go over what paperwork you have. If you were indeed a W-2 employee or at least should have been one, contact your state's department of labor, show your paperwork to the staff legal counsel and see if it would launch an inquiry or ask you to file a complaint to see if you should have been considered a W-2 employee and been paid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption