I work at the KOP mall, and I want to suit my employer who business is in Montgomery County. I resides in Chester PA which is Chester County. Do I have to file the lawsuit in the county where I reside, or the county where the business is located?
First of all, if you live in the Chester that is off I-95 and has Widener University and Crozer-Chester Hospital in it, you are in Delaware County and your courthouse is in Media. You can generally file suit in the county where the defendant is located or where the cause of the suit took place. However, in many employment cases, county court is not the best place to go because it could be a claim that is best handled by a state or federal agency, or by going to federal court. Do yourself a favor and call an employment lawyer, tell him or her about your case, and see what advice you get. In many instances, you can hire an attorney on a contingent basis, meaning you won't have to pay the lawyer unless you win the case. You could do better having representation than trying this yourself. You might miss out on additional damages that the lawyer would know about.
If my answer was helpful to you, I would appreciate if you would mark it either "helpful" or "best answer" if you feel that applies, as AVVO gives us rating points based on feedback. Thank you! Please note that the above answer is not to be construed as legal advice. It is my personal opinion based on your question, and it was given without obtaining the detailed information that I would normally request in order to render comprehensive legal advice. I advise you to consult with a local attorney of your choosing to obtain specific legal advice. The fact that I answered your question does not create an attorney-client relationship between you and me.
You need to be more specific regarding what you believe your cause of action is. In some cases, you would not file in either state for federal court. In for example you suffered an injury at work, your claim would be filed administratively through the PA Workers Compensation system.
Comments made in this posting are general in nature and not intended to be legal advice nor are they intended to specifically apply to your particular situation. I would encourage you to meet with a lawyer in your area who can review in detail the specifics of your case and provide advice that applies to your particular situation.
As the other attorneys have indicated, you might not be allowed to simply file a lawsuit in County Court against your employer. Employment law is highly regulated, if your claim is discrimination based you may need to first file with the EEOC or PHRC. If it is injury based, then workmen’s compensation is the appropriate forum. If it is wage related, you should contact the Department of Labor. Contact a local employment attorney for a free consultation. In general, suits against employers are frowned upon.
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
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