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Remote employee looking to pursue legal action with out-of-state employer -- do I use a local lawyer or a lawyer in the state the business is located in?

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Remote employee looking to pursue legal action with out-of-state employer -- do I use a local lawyer or a lawyer in the state the business is located in?

I have several compensation issues that have not been resolved three months after being let go. I’m looking to pursue legal action and have spoken with three law firms - one locally and two in the state my previous employer operated his business out of. I have been told that I need someone licensed in the other state.

Does anyone have experience with legal action as a remote out of state employee?

I’m located in Colorado (was paid as a Colorado employee) and the employer is in Georgia.

I am looking to start with a demand letter then if needed go to court.

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  1. Anonymous

    This could get expensive, and unless it is a significant amount of money, may not be worth your time. I am not a legal expert or have this type of experience, but working remotely with attorneys is extremely frustrating (my experience with this is settling my mother's estate). If you know of others that have the same experience with this company, you could see if they would band together for a class-action suit. It is not likely that an attorney would take on something that requires multi-state research without a significant pay-back, which means the client pays their fees or there is a large award potential. The demand letter could require a retainer, but some may do it for their hourly fee. Make sure you have all of your documents (time sheets, contract, termination notice, and any performance reviews) ready before starting any process. Have you tried going through the state's labor board already or EEOC? Those are generally the first steps before engaging an attorney. They are free, and companies often respond quickly to a call from one of these.

  2. Anonymous

    Thanks for the insights. I looked into a class action but it’s such a small company that the 10 people that were let go in the 6 months I was there aren’t really enough individuals.

    I filed 3 months ago with the Dept of labor and they said it’ll be September before they get to my case and it’s only for $7500/$20k.

  3. Anonymous

    I believe you do need someone licensed in Georgia as if it does go to court, it will be in a Georgia court. Your residency only matters from an HR/Payroll standpoint.

  4. Anonymous

    Your Colorado lawyer can issue the demand letter.

    That said, if your lawyer is not licensed to practice law in Georgia, local (ie Georgia-admitted) counsel will have to be retained for the court case.

    I’d suggest hiring counsel that has offices in Colorado and Georgia or hiring an attorney who is Georgia-based.

  5. Anonymous

    Contact the FEHA in your state and also DOL wage claim division. They should be able to guide you based upon the nature of your claim and you can also file with them. There are severe penalties for violating wage laws that cover the whole US. Good luck.

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