New Jersey’s Law Against Discrimination (NJLAD) applies to workplaces in Sussex County, Cape May County, and everywhere in between. Does it also apply to a workplace in Illinois? The Appellate Division confronted this question in, Calabotta v. Phibro Animal Health Corp., Docket No. A-1576-17T3. As is typical in choice-of-law cases, the court’s answer was: It depends.

Calabotta is notable for two reasons. First, it leaves open the possibility that different claims against the same employer will be governed by the laws of different states. Second, it counsels employers to enter into employment agreements containing choice of law clauses, which promise to “resolve uncertainty.”

Non-Promotion and Termination

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