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Independent Sales Rep - Venue Question

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jonpaul42

Member
What is the name of your state? VA

Several years ago we hired an independent sales rep to help sell our products to wholesale customers in California. He was paid commissions monthly and we would send him a 1099-MISC at the end of each year. We properly terminated the contract with him about a year ago. We were recently served at our home office in VA that he was suing us in CA for unpaid commissions. We only have offices in VA and in NY. We do not have an office in CA.

The signed sales rep contract includes the following sentence: "The venue for any action brought to enforce this agreement shall be in the county where [our] corporate office is located."

Doesn't he have to sue us in VA? Shouldn't we be able to get the California case dismissed based on improper venue?

Thank you for your insight.
 



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