Legal Question in Technology Law in New Jersey

Re: Counter-sue Employer for ''Non-compete'' harassment?

You should consult a New Jersey attorney if you are being sued there. If NJ courts have jurisdiction of the employer's claim, you will likely have to bring your counter-suit there.

Re: Counter-sue Employer for ''Non-compete'' harassment?

you should really ask your lawyer i NJ about this

Re: Counter-sue Employer for ''Non-compete'' harassment?

Your question is not clear as to where you were sued. If in New Jersey and your contacts with New Jersey were minimal, you may be able to challenge personal jurisdiction there. In any event, once you are sued and served, you need to find a lawyer who practices in that jurisdiction to file an appropriate response such as an answer, demurrer, motion to quash service, or whatever is appropriate under that jurisdiction's responsive pleading rules.

The local attorney would also be able to advise you about whether, where and how to file a counterclaim.

Re: Counter-sue Employer for ''Non-compete'' harassment?

A "counter-suit" is not a tem often used by lawyers, so I am not sure what you mean. Do you intend to file a cross-complaint (asserting claims in the existing case which arise out of the same facts as the claims being brought against you) or are you thinking of a new suit in which your claim is based on different facts?

The answer is important because, generally speaking, if you are suing over allegations which are closely related to those in the existing complaint, you must proceed before the same court as part of the same case. It sounds like the existing case is in New Jersey, so any cross-complaint would likely have to be filed there.

Can a separate case be brought here in California? Maybe. It depends on a lot of factors which your question does not discuss. I won't try to list those factors here, but you really should consult one-on-one with a lawyer about this.

Again depending on the facts, you might be able to have the New Jersey case dismissed due to your location, or you might be able to have it removed to a Federal court in New Jersey and then moved to California. On the other hand, the company might be able to do the same things to any case you bring in California. Once again, you really should sit down with a lawyer to discuss the different options open to you and to the employer.