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I was recently offered a new job. The company is fully remote and is based in California; however, I live in a different state.

I want to get a Contract Review attorney to take a look at the employment contract and point out any possible issues and edits.

Do I need a lawyer licensed in California or my home state? Or does it not matter?

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  • The answer may be "both."
    – phoog
    Commented Dec 7, 2022 at 9:27
  • If you're going with @phoog's comment, get a Delaware attorney to take a look at it too, since most corporations are incorporated in Delaware (they have good cooperate case law).
    – hszmv
    Commented Dec 7, 2022 at 18:50
  • @hszmv good point, but it might be better stated as "find out where the employer is incorporated," don't you think? But ultimately, if the job is offered from an office in California and the corporation is licensed to do business as a foreign corporation in California, which seems like it must be if it has an office there without being incorporated there, I would be surprised if the law of the state of incorporation has much bearing on the relationship.
    – phoog
    Commented Dec 8, 2022 at 13:50
  • It's not uncommon for a cooperation in the United States to be based in one state and incorporated in another state. The benefit of this is that they can use the state of incorporation's court for cooperate law. In the U.S. Delaware has very well developed cooperate law, so most cooperation's are incorporated in DE whether or not they are based there (I've read a lot of suits to indicate many silicon valley corporations are incorporated in DE.)
    – hszmv
    Commented Dec 8, 2022 at 14:51
  • @hszmv yes, many are, but their employees in California are employed either by a subsidiary corporation that is incorporated in California or by the parent (or another subsidiary) that is incorporated outside California but registered to do business in California as a foreign corporation. In either case, Delaware labor law is not relevant. The benefits of being incorporated in Delaware are related to corporate taxation and other issues relating to the legal organization of the company; it doesn't have much bearing on a company's relationship with employees and customers in other states.
    – phoog
    Commented Dec 9, 2022 at 10:53

1 Answer 1

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To simply review the contract terms, a prospective employee may hire an attorney licensed in his or her own state. But since principles of California law may be involved, the employee will probably get a better answer if the lawyer is knowledgeable in California law. There may also be relevant laws of the employee's state that apply tom the contract. Finding a lawyer, or law firm, that practices in both the employee's state and in California may well be the best way to get an accurate and complete answer.

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