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Which state laws apply?

  • Thread starter Thread starter PaulAtl
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P

PaulAtl

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I was employeed by a company based in Virginia, and the Employee Agreement states that any legal issues be litigated in Virginia. I am a resident of Georgia (where the company does have a regional office). Which state labor laws apply?
 


J

JBK Georgia

Guest
Generally, the laws of the state where you are employed would apply, in this case Georgia. However, since the contract says Virginia laws apply, you may be bound to that contract. Does the contract say that any claims must be litigated in Virginia or just that Virginia laws apply? If the latter, Georgia laws may apply if there is a conflict between Georgia and Virginia laws and if the dispute is a situation where Georgia courts have decided that, because of "public policy", they will apply Georgia laws, even with the contractual language requiring Virginia laws. For example, if your dispute involves a clause prohibiting you from working for a competitor if you leave your company for a specified period of time, and the clause would be legal in Virginia but not in Georgia, you might be able to file a claim in Georgia and have Georgia law apply.
 

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