Which court do I need to file a lawsuit if the company is based in one state and I work for them in another?

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Which court do I need to file a lawsuit if the company is based in one state and I work for them in another?

I did one shift with a CA based company about a month ago and I still did not get paid for that shift. I’ve contacted the company multiple times, but their representatives keep throwing me like a ball from one department to another department. I want to report this company to state labor department and file a lawsuit against them. What would be your suggestion in this matter?

Asked on March 14, 2018 under Employment Labor Law, Virginia

Answers:

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

Answered 3 years ago | Contributor

You are the plaintiff.  The company you are suing is the defendant.
You can sue for breach of contract / account stated.  Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed.
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 transaction giving rise to the lawsuit occurred.
For convenience purposes such as filing documents and court appearances, you should file your lawsuit in Virginia where you reside.
A lawsuit would be your best course of action.  The state labor department probably won't do much, but if you want to report this matter to that agency, that is fine.


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