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  1. #1
    Join Date
    Aug 2012
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    4

    Default Sued for Wrongful Resignation

    My question involves labor and employment law for the state of: California/Texas

    Hello, I'm wondering if anyone will have any input on this.

    I was hired by a Texas based employment agency to do contract work in California. I quit with short notice three weeks after starting work, and am now being sued for damages arising from breach of contract to the tune of $25,000.

    Some important points:
    1. In the agreement I signed I am described as an independent contractor, but my the work I performed fits under employee classification under California, Texas, and Federal law.
    2. The employment agency is withholding my wages.
    3. The employment agency has a forfeited corporate status in California
    4. The contract contains a venue of litigation clause specifying Texas as the venue of litigation.

    Is there a way to claim that California has jurisdiction over this suit regardless of what the contract states or to invalidate the contract?

    Any input is greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    35,894

    Default Re: Sued for Wrongful Resignation

    Seems pretty clear that you waived the right to California having jurisdiction.

    Take your contract to an attorney to see what is and may not be enforceable. File a DOL claim for the wage withholding. But really? You need an attorney - now.

  3. #3
    Join Date
    Aug 2012
    Posts
    4

    Default Re: Sued for Wrongful Resignation

    There is some case history regarding enforceability of forum selection clauses- Doe 1 v. AOL LLC, 2009 - which concluded that forum selection clauses that violate California public policy are unenforceable. Any opinions on the possible weight of this?

  4. #4
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    Apr 2009
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    Default Re: Sued for Wrongful Resignation

    Given that we cannot see your contract, you should be consulting with an attorney.

    Seriously - you're being sued for $25k. Spend the money already!

    (That case, incidentally, is COMPLETELY irrelevant to your matter - did you read it? )

  5. #5
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: Sued for Wrongful Resignation

    The fact that OP didn't have any objection to being classified as an OP until after the other party started a lawsuit against him tells me that OP knows he doesn't have a valid defense and is now thrashing about looking for a loophole to get him out of the situation before a judge rules against him.

  6. #6
    Join Date
    Aug 2012
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    4

    Default Re: Sued for Wrongful Resignation

    "The fact that OP didn't have any objection to being classified as an OP until after the other party started a lawsuit against him..."
    -Of course I don't have any objection to being classified as an OP, I am the OP here.


    The "loophole" I'm looking for is known as California labor law, and seeing as I worked in California it applies.

    The suit threatened against me is completely absurd; rights granted by law can't simply be waived by signing a contract.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Sued for Wrongful Resignation

    What we do know is you signed a contract agreeing to be bound by TX law. Hire a lawyer.

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