QUESTION

can an employee take the same company to wage claims in 2 states?

Asked on Dec 03rd, 2012 on Employment Contracts - Utah
More details to this question:
If you are in the process of a wage claim in Utah can the same employee turn you into another states wage claim or is that double jeopardy?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This is a good question. The answer is that the employee has the power to file complaints with any state in which he was employed. However, he cannot recover unpaid wages more than once, and the fact that the employer has settled the claim in State 1 would generally be a defense to the claim in State 2. Moreover, if the claim is pending and unresolved in State 1, the employer may be able to have State 2 put its process on hold (a "stay") pending the resolution of the identical claim in State 2. Both states have the power to impose penalties and charges, in addition to directing the payment of back wages, with respect to misconduct occurring within their respective jurisdictions.
Answered on Dec 04th, 2012 at 8:07 AM

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