An out-of-state company that requires disputes be brought in the home state of the company may not be enforceable under the terms of an employment agreement. In this recent case, Plaintiff Nancy Nuzzi entered into an employment agreement. The agreement contained a clause which stated that litigation arising out of the agreement would be brought in the State of California. Plaintiff Nuzzi worked in the State of New Jersey. The Plaintiff sued for violations of the New Jersey Family Leave Act and the New Jersey Law Against Discrimination. The District Court dismissed the Plaintiff's case because it was filed in New Jersey. The New Jersey employment lawyer representing the employee appealed. The Third Circuit Court of Appeals. reversed holding that the Plaintiff did not clearly waive her rights under New Jersey employment laws.
See Nuzzi v. Aupaircare, No. 08-1210, 3rd Cir., 2009.
New Jersey employment ,lawyers representing employers need to ensure in employment agreements that the employee clearly waives their right to claims brought under New Jersey employment laws. The terms need to be unambiguous and clear.
