Legal Question in Employment Law in California
Choice of Venue in Employment Agreement
Can a person who worked in
California for a Michigan based
company be held to a choice of
venue provision in the employment
agreement specifying Michigan as
the venue for any litigation arising
from a breach of the employment
agreement?
The employer has no operations in
California, the employee performed
consulting services for a client of
the employer.
The employer deducted and paid
California taxes and other state
charges from the employee's
paycheck.
1 Answer from Attorneys
Re: Choice of Venue in Employment Agreement
Yes, they can. Generally forum selection clauses in employment agreements are enforceable as long as they were freely negotiated, are not the result of fraud, and do not deprive you of due process.
Courts have even upheld forum selection clauses that establish venue in other countries.
Thus, you will more than likely have to bring your claim in Michigan.
Good Luck.
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