Q: Independent Contractor for a Wentzville , MO based company not being paid
I am an independent contractor for a MO based company but I live in Los Angeles, Ca. They have not paid my wages /invoices and have written several bad checks to cover the amount owed. I would like to sue them for my back pay and am questioning which state to file the case in and if out of California can I get a MO state attorney to represent me?
A:
If California law applied to your situation, it is unlikely you are actually an independent contractor unless you worked for multiple companies at the same time and were free from control of the employer in carrying out your duties. That would also give you access to many of the very good protections extended to California employees under the Labor Code and the law interpreting it. If Missouri's law applies, you will need to get advice from a Missouri attorney.
If this company employed you in California, it is likely you can sue in California, but whether you should sue in California will take an extensive analysis of the pros and cons of that approach. Your smart first move would be to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this sit, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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