McDonald v. The Amacore Group, Docket No. A-1293-10T2 (App. Div. June 20, 2012)

Enforcement of forum selection provision for employment-related claims.

The plaintiff, a New Jersey resident, accepted employment with a Florida-based company, although she worked from her home in New Jersey. The terms of the plaintiff's employment agreement provided that the state of Florida had exclusive jurisdiction over any claims or disputes between the parties. In reversing the trial court and in dismissing the case, the Appellate Division concluded that the provision was a valid forum selection clause and not simply designating the choice-of-law. The court concluded that the forum selection clause was not preempted by New Jersey's interest in regulating employment within its borders.

Case Law Alert - 4th Qtr 2012