- 1). Consider contacting the Department of Labor in the relevant state before filing a lawsuit. The Department of Labor can get involved and investigate the company, assisting you in collecting the wages. This solution will save you money in legal fees and enable you to avoid having to sue an out-of-state defendant.
- 2). Determine if the company does any business in your state or if it has an agent in your state or contracts signed in your state. In order for a state court to hear a case against a company, it must have personal jurisdiction over the company. Personal jurisdiction is achieved when the company has sufficient contact with the state. For example, if a company has its headquarters in the state where you live, or if it has a branch office or does business of any kind there, it may have sufficient contact with your state to vest personal jurisdiction. If the company does not have personal jurisdiction in your state, you will have to travel to the state where the company is located and file the lawsuit there.
- 3). File the lawsuit. You can file the suit in the state court where you live, if the company has sufficient contact with your state for there to be personal jurisdiction. You can also file the lawsuit in federal court if you and the company are from different states and the amount of disputed unpaid wages is over $10,000; in such a situation, the federal court would have something called diversity jurisdiction. Finally, you can file the lawsuit in the state court where the company is operating, but you will have to travel there to do it.
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