Legal Question in Employment Law in California

Where's jurisdiction for issues in Termination Agreement?

I worked for a company in the State of New York. My employment agreement stated that any legal action connected to terms of contract such as sales territory, commission, etc. was subject to NY State jurisdiction. However, I was a CA employee, paid under CA law with I and my employer paying CA unemployment taxes, etc. I was recently terminated. My employer wrote up a Termination Agreement, ending my employment contract. In that agreement, my employer promised in writing to pay 1 month's wages as severance. My employer promised to pay residual commission on sales in my territory. My employer also promised to reimburse me for all un-submitted expenses. In addition, Under CA labor law, I was entitled to 2 weeks earned vacation pay when I was let go. The employer has paid none of these items and the Termination agreement states no jurisdiction. As these issues seem to be employment personnel issues, doesn't CA have jurisdiction on all of these matters or does NY have jurisdiction on any of them and if so, which items? Thanks


Asked on 12/09/03, 12:06 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Where's jurisdiction for issues in Termination Agreement?

While courts give deference to choice of law provisions in employment contracts, such contracts cannot void the laws and public policies of the State of California.

Employees who work in California are protected by California law and employers who do business here must comply with California labor laws. This includes the rule that says that vested vacation pay cannot be lost if not used.

If you believe your employer violated some of your rights, contact an employment law attorney near you for advise.

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Answered on 12/10/03, 11:37 am
Terry A. Nelson Nelson & Lawless

Re: Where's jurisdiction for issues in Termination Agreement?

CA law applies since you worked here, and you should see an attorney about collecting the promised payments, and the potential for a termination claim. Contact me if interested in doing so.

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Answered on 12/10/03, 12:41 pm


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