BLS Blog

Last summer, Judge Salinger ruled in Oxford Global Resources, LLC v. Hernandez that a plaintiff employer’s litigation against a former employee belonged in California, not Massachusetts. The defendant was employed in California by the plaintiff, which is headquartered in Massachusetts. Judge Salinger dismissed the case on forum non conveniens grounds—despite the presence of a Massachusetts choice of law provision and a Massachusetts forum selection provision in the employment agreement.

Overriding a Massachusetts forum-selection provision found in an employment agreement, Judge Salinger ruled in Oxford Global Resources, LLC v. Hernandez that an employer’s litigation against a former employee belonged in California, not Massachusetts.