Legal Question in Health Care Law in New York

If a global company provides it\'s employees contracts governed under Swiss Law, but the employee resides and works in another country, under what countries law are employee related issues governed? For example, Human Resource/medical issues? \n\nMy company is telling me that I must disclose my medical condition to them. I am an American and am stationed in Thailand, but my contract was signed under Swiss law. Is this true that I have to? I am told that I do not have the same rights globally as I do in the United States.


Asked on 7/29/09, 4:51 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Conflicts of law is an interesting area. In your situation, the best advice I can offer, is that most contracts contain choice of law provisions, ie, that the contract will be construed under the law of the forum state (where the lawsuit is) or where it was drafted. If no such provision is contained in the agreement, then it depends on where the issue is being determined, as each state's courts will apply that state ( or country's) choice of law rule. Depending on various factors, such as the residence of the parties, and contacts with the forum, and the interest of the forum in regulating that type of issue, a court will apply one or another forum's law.

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Answered on 8/05/09, 8:52 am


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