I am an IT Consultant based in California and was recruited by a Consulting Company based in Maryland for a client in New York. During recruitment, I was told that a contract duration for client is for 12 months+ and to telecommute (remote access from home). I was selected and performed my job from home in SoCal, during the time, I pass up other opportunities. After 4 months, I was told the contract was not extended, therefore, I was out of job. I found out that the contract job was actually for 4 months only. I sued the consulting company for Fraudulent Misrepresentation (Truth in Hiring).
When I was selected for the position, the employer (Consulting Firm) made me sign an Employment Agreement which includes an At-Will clause and a forum-selection clause. At-Will deals with termination while my lawsuit of Truth-in-Hiring deals with hiring, so, no issue here. My issue is with the forum-selection clause, wherein, any legal actions will only be brought in Maryland.
I filed my case in California thinking that remedy to a Fraud MisRep may/can rescind the Employment Agreement, therefore, will strike down At-Will and forum-selection clauses - this is what I am thinking/hoping.
My question is, how will the judge read my case? Will the judge accept my case and hear it in California?
Thank you very much.
When I was selected for the position, the employer (Consulting Firm) made me sign an Employment Agreement which includes an At-Will clause and a forum-selection clause. At-Will deals with termination while my lawsuit of Truth-in-Hiring deals with hiring, so, no issue here. My issue is with the forum-selection clause, wherein, any legal actions will only be brought in Maryland.
I filed my case in California thinking that remedy to a Fraud MisRep may/can rescind the Employment Agreement, therefore, will strike down At-Will and forum-selection clauses - this is what I am thinking/hoping.
My question is, how will the judge read my case? Will the judge accept my case and hear it in California?
Thank you very much.