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Which State’s Employment Rules Apply in Telecommuting Relationships?

On Behalf of | Aug 25, 2014 | Employment Law

Work relationships are evolving in the digital age, and so is the employment law that governs them. When you’re telecommuting, you may talk to or interact with people daily and yet have never met them in person. So what happens if you have a dispute with your employer and they are in another state?

When employed long-distance, you should make sure you are familiar with the laws that govern the employer’s state’s employment practices. Telecommuting employees are governed by state laws where the employer is located, not where the employee is working. So if you live in West Virginia and take a telecommuting job for a company located in Texas, you and your employment contract are governed by Texas employment law.

This includes employment practices, termination and union rules, and even fair hiring and anti-discrimination practices. Most states rules vary on all of these topics, from protections for LGBT employees, to timely disbursement of final paychecks, to protections for pregnant or nursing employees.

Any disputes or complaints you have with your employer would have to be filed which agencies or courts in the state where the employer is located. As a telecommuting employee, you will also be responsible for unemployment and income tax in the state in which you live.

If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.

Our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. Call Bouchillon, Crossan & Colburn, L.C. at 304-523-8451 or contact us online to schedule an appointment.