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Iero v. Mohawk Finishing Prods. Inc.

The fact that it would be inconvenient for a former employee of a New York business who is now a Georgia resident to litigate in New York did not render the forum selection clause in his employment contract unenforceable.

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This case involves the issue of whether a forum selection clause in an employment contract may be enforced when the contract also contains non-competition and non-disclosure covenants that violate Georgia’s public policy. For reasons that follow, we hold that such a forum selection clause can be enforced.

The relevant facts show that Mohawk Finishing Products, Inc. is a New York corporation. In 1985, Mohawk hired David Iero to sell its products in New York and Pennsylvania. In 1986, Mohawk signed an employment agreement that contained both a non-competition covenant and a forum selection clause. The forum selection clause provided, in pertinent part, that any actions stemming from the agreement “shall be instituted, prosecuted, and maintained by the Supreme Court of the County of Montgomery, State of New York.”

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