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N.J. employees can have NJLAD, NJFLA cases heard here

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in Employment Law,FMLA Guidelines,Human Resources

If you’re an out-of-state company that makes New Jersey employees sign employment contracts requiring disputes to be brought in your home state, don’t expect that to stick.

Generally, violations of the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Family Leave Act (NJFLA) have to be handled in New Jersey state courts or federal courts with jurisdiction in New Jersey.

Recent case: Nancy Nuzzi signed an employment agreement when she went to work in New Jersey for a California company. The agreement said she had to bring any litigation in California.

She was fired after taking family leave and sued in New Jersey. The 3rd Circuit Court of Appeals said she couldn’t be forced to go to California, but had a right to have her case heard in New Jersey. (Nuzzi v. Aupaircare, No. 08-1210, 3rd Cir., 2009)

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