Legal Question in Civil Litigation in Maryland
my ex employer won't pay me
I live in FL, and work out of my home. I'm employed by a co. in MD. I recently quit, and after a three week run around, they refused to pay the paid time off that I earned. I want to file a small claim ($1100). Do I need to file in MD? Can I include the costs of filing out of state (travel, phone)? Who do I have served?
1 Answer from Attorneys
Re: my ex employer won't pay me
Based on the limited facts provided, you may have the flexibility of filing the action in either Maryland or Florida. If your company does business in Florida and has branch offices, bank accounts or other sufficient contacts with Florida, then the Florida courts may have jurisdiction over the company. No matter where you file it, service of process must be on the Registered Agent of the corporation you are suing (the defendant).
Most, if not all, of the 50 States have a website for each of their Departments of State or Divisions of Corporation that have the information on registered agents for all corporations readily available. You should use a company that specializes in serving lawsuits on defendants, which company will provide you with an Affidavit of Service after the service is made reflecting that service was made on the company's registered agent on a given date and time. That Affidavit of Service will have to be filed with the court in order for you to move forward with your small claims case. Good luck.
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