QUESTION
What STATE law governs my at-will employment for my unpaid wages?
Asked on Apr 13th, 2012 on Labor and Employment - Illinois
More details to this question:
I worked as an at-will employee for a nationwide consulting firm from 2010 until late 2011. The firm is incorporated in Delaware but has an office in Tennessee and Massachusetts. Beginning in October 2011, my company stopped paying me, but promised that they would eventually. They owe me about 12000 in back pay and 1000 in reimbursements. In early December, after their failure to pay me for that two week period, I tendered a letter of constructive termination and left the company. I live in Chicago. The management who I speak with are out of Tennessee. I need to file a wage claim but am not certain whether to file in Illinois (where I live), Tennessee (where they are), or Delaware (where they are inc''d).
I also have a non-compete which states that Tennessee Law controls.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
The question is one of what state's laws govern your employment, and which state's courts have jurisdiction to decide the case.
If you worked out of Illinois, but served clients of your employer within that state, then the company is doing business in Illinois. Under the laws of most states, that is enough to confer jurisdiction over the company and you can sue them in illinois and apply illinois laws. The non-compete usually won't be an issue since the company breached the agreement by failing to pay you and then cannot avail itself of rights contained in the agreement. You can also sue them in Tennessee or Massachusetts where they maintain offices. Or you can sue them in Delaware where they are organized. the only question is why you would want to.
Michael Caldwell
404-979-3150
Answered on Apr 13th, 2012 at 1:45 PM