Where can I sue a former employer – in the state where I live and worked for them or in the state in which they used to be headquartered?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Where can I sue a former employer – in the state where I live and worked for them or in the state in which they used to be headquartered?

I was working for a MT based company in NM. They just closed the NM office and are refusing to pay me my final paycheck and storage fees. Can I sue them in NM since this is where I live even though the company is headquarted in MT? They were licensed in NM when I worked for them.

Asked on December 4, 2010 under Employment Labor Law, New Mexico

Answers:

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

Answered 11 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose. You could sue in either NM or MT. For convenience purposes, such as filing documents with the court and your court appearance, it would be advisable for you to file your lawsuit in NM.  Since the company closed the NM office, it should still have an address for service of process in NM which you could obtain from the NM Secretary of State. 

In addition to the amount of damages you are claiming in your lawsuit for your final paycheck and storage fees, you should also include court costs.  Court costs would include the court filing fee and service of process fee.


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