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Choice of Law Provision in Employment Agreement May Bar Claims Brought Under the New Jersey Law Against Discrimination
Mar 31,2008
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Filed under:
Employment Law
,
Choice of Law
By
Wong Fleming
Nuzzi v. Aupaircare, Inc.
, No. 07-3968, 2008 U.S.Dist. LEXIS 1215 (D.N.J. Jan. 7, 2008).
A choice of law provision in an employment agreement with a New Jersey resident may bar claims subsequently brought under the New Jersey Law Against Discrimination (NJLAD). Merely because a plaintiff is a New Jersey resident does not mean the NJLAD trumps another state’s anti-discrimination laws, nor does it vitiate the choice-of-law provision in the contract. A New Jersey resident can contract for different state law to be applicable to her claims, even if the claims implicate New Jersey law.
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