Legal Question in Employment Law in California

Which State has Jurisdiction?

I reside in California and work for a company located in another state. I am in sales and I earn a salary plus commissions. My paychecks have CA taxes taken out and I presume I am subject to CA labor law. Recently, my employer has failed to pay commissions in violation of our contract. My employer has engaged in what I feel to be harrassing conduct. Does California have 100% jurisdiction in all employment and civil matters or does the other state have some or all jurisdiction?


Asked on 8/25/02, 2:26 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Which State has Jurisdiction?

CA governs your situation, so if you are owed money you can hire an attorney to file a claim and have a trial at the Labor Commissioner. You are entitled to your pay, interest, and possibly penalties. Call if interested 714-960-7584

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Answered on 8/26/02, 8:48 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Which State has Jurisdiction?

Start with a demand letter...sometimes it works !!! CA has the jurisdiction.

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Answered on 8/26/02, 10:30 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Which State has Jurisdiction?

Jurisdiction (JX) is here in California although the other side may argue a JX clause in the contract if one so resides. Feel free to contact if you want to explore your options further, and have a nice day-Martin

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Answered on 8/29/02, 6:26 pm

Re: Which State has Jurisdiction?

-California courts and the Labor Commissioner both have jurisdiction. The choice of venue depends in part on the nature of your claims.

-I don't know the facts of your harassment claim, therefore I cannot say whether you may want to bring a wage claim and a harassment claim in the same suit.

-Please call me at 805/641-6600 if you want to discuss your case further.

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Answered on 8/27/02, 11:52 am


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