Legal Question in Employment Law in California

If you are a resident in the state of California, can you be sued by a past employer in the state where the employer is based?


Asked on 10/03/09, 6:53 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

More facts are needed, including whether you worked in the state where the employer is based, whether you ever signed an agreement that authorized the employer to sue in such state, whether you have any reasonable contacts with such state. Assuming the answer to each of these questions is no, the former employer should sue where you live. It still can sue under the other state's laws, however, if there is a signed agreement to that effect.

If such suit is improper, you may be able to ask the court in the other state to dismiss the lawsuit for lack of personal jurisdiction. That takes legal skill, so you might consult with an attorney in the other state to deal with that issue.

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Answered on 10/04/09, 3:46 am


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