Legal Question in Employment Law in New York

I want to take a company to small claims court for unpaid wages. The company is registered in New York City, I live in Virginia. All paperwork, services, meetings were performed in Virginia. Do I file the claim in New York State or in Virginia? And do I sue the company name or the person that I have been dealing with or the name on my offer letter? If I chose to use a lawyer and win, does the defendant pay all my legal fees?


Asked on 7/02/15, 10:42 pm

1 Answer from Attorneys

Generally speaking, if the work was done in VA you can sue in VA but since the Company is located in NYC and likely has assets in NYC it may make more sense to sue in NYC, since there will be property against which to enforce a judgment.

As to your question of who to sue, generally, if the claim is against the company then one sues only the company and not an individual from the company. However, sometimes a cause of action may exist both against the company and against its principals/employees. The facts in your case would need to be reviewed.

Finally, one would not be eligible for attorney fees unless one has a contract that specifically allocates attorney fees or by statute attorney fees are provided for.

I provide cost effective representation many times at a flat fee.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Answered on 7/03/15, 4:25 am


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