Nexus between Arizona telecommuting to Nevada company
I reside 90% of the time in Nevada and work for a Nevada company. I would like to move back to Arizona and telecommute from Arizona to a Nevada company. Does telecommuting from Arizona to Nevada constitute a nexus between the Nevada company and the State of Arizona?
1 answer | asked Feb 13, 2002 7:20 PM [EST] | applies to Arizona
Answers (1)
Telecommuting nexus
I'm not sure I understand your question. As is often the case for lawyers answering such questions, I have to know what your purpose is in asking the question. The "nexus" you refer to may or may not exist, depending upon the legal issue. For example, if you are asking whether you can bring suit against your company for unpaid wages or wrongful discharge in Arizona, the answer requires an interpretation of Arizona's long-arm jurisdiction provision, which deals with a body of constitutional law interpreting the Arizona Rules of Civil Procedure. To be subject to the jurisdiction of Arizona courts, a defendant must have "caused an event to occur" within the state. The cases interpreting this provision have extended Arizona's jurisdiction "as far as the constitution will allow." By employing someone in Arizona, does a Nevada company "cause an event to occur" within Arizona? I would argue yes. The company would probably say no.
If you are asking whether the law that applies to your employment relationship is the law of Arizona or Nevada, that requires the application of choice of law provisions in the state in which you file suit. My guess is that the law of Nevada would apply, but it's only a guess. If I were giving advice to your employer, I would advise them to insist upon a written agreement stating that the law of Nevada applies. But even then there may be a situation in which Arizona courts would refuse to apply Nevada law if it contravened the public policy of Arizona.
If you are asking whether the income tax laws of Arizona or Nevada would apply to your employment, the answer is that probably both laws would apply, but you would have to look at each law to see what it provides about taxation of income for someone in your situation.
When you ask a legal question, you have to explain what it is you are asking, and why you want to know. Otherwise, you get this kind of gobbledegook for an answer.
posted by Francis Fanning | Feb 15, 2002 1:52 PM [EST]
I'm not sure I understand your question. As is often the case for lawyers answering such questions, I have to know what your purpose is in asking the question. The "nexus" you refer to may or may not exist, depending upon the legal issue. For example, if you are asking whether you can bring suit against your company for unpaid wages or wrongful discharge in Arizona, the answer requires an interpretation of Arizona's long-arm jurisdiction provision, which deals with a body of constitutional law interpreting the Arizona Rules of Civil Procedure. To be subject to the jurisdiction of Arizona courts, a defendant must have "caused an event to occur" within the state. The cases interpreting this provision have extended Arizona's jurisdiction "as far as the constitution will allow." By employing someone in Arizona, does a Nevada company "cause an event to occur" within Arizona? I would argue yes. The company would probably say no.
If you are asking whether the law that applies to your employment relationship is the law of Arizona or Nevada, that requires the application of choice of law provisions in the state in which you file suit. My guess is that the law of Nevada would apply, but it's only a guess. If I were giving advice to your employer, I would advise them to insist upon a written agreement stating that the law of Nevada applies. But even then there may be a situation in which Arizona courts would refuse to apply Nevada law if it contravened the public policy of Arizona.
If you are asking whether the income tax laws of Arizona or Nevada would apply to your employment, the answer is that probably both laws would apply, but you would have to look at each law to see what it provides about taxation of income for someone in your situation.
When you ask a legal question, you have to explain what it is you are asking, and why you want to know. Otherwise, you get this kind of gobbledegook for an answer.
posted by Francis Fanning | Feb 15, 2002 1:52 PM [EST]
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