Legal Question in Employment Law in Virginia

Who has jurisdiction?
I am in the process of suing my past employer for commissions due to me after I was terminated from my job. The company was a very small company when I first started with them. My supervisor gave me a very poorly written contract to sign (if I hadn't asked for it, he would have been okay with a handshake agreement). There were no termination clauses, non-compete agreements or any such language indicating when and if said commission payments should ever cease to be due. My supervisor even made comments that I would never be fired, that I would always be his employee. Now that I am fired (they claim poor performance) I am in the process of suing for my back commissions. I signed this contract in one county of Virginia. After being with them for 6 months the company headquarters relocated to another location in Virginia (4 hours away). I was told I could telecommute from my original location. Now my supervisor is arguing that the case needs to be tried in their location since that is where the contract was terminated (I was terminated over an instant message and phone call). I would think the case would need to be tried in the county the contract was originated. Who is right? They are an LLC. Thanks!

Asked on 7/08/03, 10:16 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Who has jurisdiction?

You can argue in your responsive pleading that venue should be where the contract was originally

signed, and not where the company has now moved to, outlining in numbered paragraphs why this should be so. Then the court will decide.

Answered on 7/09/03, 12:11 am

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