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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5028
Experience:  Extensive experience representing employees and management
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Do you think the type of work I do matters. I managed the

Resolved Question:

Do you think the type of work I do matters. I managed the development of software. On the phone with a team in San Francisco, Canada & Russia.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Julie,

Thank you so much for the positive rating of my services and the extremely generous bonus! It is greatly appreciated!

Yes, I think the fact that you managed a team of software developers in San Francisco would definitely assist you in arguing that your claim arose out of California.

Although the work was done on the phone, you were actually overseeing and managing a group of employees in California. That would definitely be a material factor for the labor commissioner to consider if there's a challenge to California being the appropriate jurisdiction and venue for the wage claim.

Did you file the wage claim to be heard in San Francisco? If so, even though you were telecommuting from Rhode Island, did you by any chance give them a 'work address' (local address) of the company or just your home address in Rhode Island? It would likely prevent hte issue from coming up if the labor commissioner just assumes that the claim belongs in California if he or she believes that you're a California resident.

Also, I doubt that your employer would try to challenge your claim on that grounds, since it would probably prefer not to have to find local counsel in Rhode Island, when it probably has legal counsel (or a law firm that it regularly uses in California.

The inconvenience to them would actually make them an advocate for having the wage claim stay in California and be decided under law, so the only issue you'd probably face would be from the labor commissioner him or herself.

As always, please let me know if you have any follow up or clarifying questions.

Thanks again!
Joseph, Lawyer
Satisfied Customers: 5028
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I filed in San Francisco. I listed my RI address and the co's San Francisco address (head and only office in CA). Right under the co's address the form asked for the address where work was performed. I put "home (above)" in that field. After the fact I realized it was a bit ambiguous -- I could be referencing the co's address. We'll see what the labor commission says...


 


Again, thank you for your thoughtful responses.

Expert:  Joseph replied 1 year ago.
Thank you, Julie.

Very happy to help!

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