Foreign subsidiary? Litigation may have to be overseas

An employer with operations in another nation may be able to push any employment-related litigation away from the United States even if some decisions were made in the United States at, for example, corporate headquarters.

Recent case: Catherine, a dual citizen of both Unites States and the United Kingdom, worked as a journalist for Time Holdings. She was London Bureau Chief and eventually European Editor. Her employer was a wholly-owned subsidiary of Time, Inc., headquartered in New York City.

When the parent company sent a new senior editor to London to work for Catherine, she soon found herself marginalized as he ended up taking over her job. She was then demoted and eventually terminated.

Catherine sued in New York. But the court said she had to sue in Great Britain, using their employment laws even if some decisions had occurred in New York. (Mayer v. Time, Inc., SD NY, 2018)