Legal Question in Employment Law in California

My employer is in New York and I worked from home in California. If I want to file a lawsuit against my employer, should I hire a labor attorney in NY or California. My employer withheld money from my salary to go to my pension fund but unfortunately, they kept the money for themselves and did not remit the money to the fund company. They also withheld CA state tax from my paycheck and sent me a W2 with my total withholding CA state tax for 2009. However, CA state does not have a record of my employer remitting my withholding tax to them. Help!


Asked on 8/02/10, 5:56 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

File a claim with the local office of the CA Labor Commissioner, and with the CA State Franchise Tax Board, and ask them for guidance on filing with other agencies. They are there to help.

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Answered on 8/08/10, 2:11 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You could also contact the U.S. Dept. of Labor, which regulates employer pension plans.

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Answered on 8/09/10, 11:11 am


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