Q: HQ is in NJ I work in NYC office Got laid off Unused vacation days Should be paid? Which state law will be used?
I was laid off from my job. The company HQ is in NJ, but I worked out of the NYC office. I had unused vacation days. It looks like in NY employers are required to pay employees for their unused time but in NJ they are not. I’m curious as to which jurisdiction this situation lands in?
A:
I am not licensed in New Jersey. If you live in New Jersey word has it that unemployment benefits are higher there.
The place of your work generally governs the laws that apply to employers. The place of your residence may qualify you for state benefits since you pay taxes one way or another in that state.
An employer may choose with your consent to be bound by another state's laws in contract so long as the choice state's laws are not abhorrent to the public policy of the work state. The employer must still follow all state labor laws and comply with all tax and registration requirements where it conducts business.
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