Employment & Labor Law
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Ware Else and Ware Enterprises, Inc. v. Ofstein
28 Fla. L. Weekly D2396a (Fla. 5th DCA October 17, 2003)
Ofstein was hired by Ware and signed an agreement containing a forum and venue selection clause. After she was terminated some months later, Ofstein sought compensation allegedly owed her and declaratory relief regarding the interpretation, validity and enforcement of the agreement. The trial court denied Ware's motion to dismiss for improper venue. Controlling law says that a forum selection clause in a non-compete agreement is enforceable provided that: (1) the forum was not chosen because of overwhelming bargaining power on the part of one party which would constitute overreaching at the other's expense; (2) enforcement would not contravene strong public policy enunciated by statute or judicial fiat, either in the forum where the suit would be brought or the forum from which the suit had been excluded; and (3) the purpose was not to transfer an essentially local dispute to a remote and alien forum in order to seriously inconvenience one or both parties. The court held it was not unreasonable and did not constitute overreaching for a foreign employer to require contract litigation in a forum where it was familiar with the law. The agreement was "take it or leave it" and Ofstein chose to take it. Further, nothing suggested the clause was included to inconvenience Ofstein. Thus, the case was remanded with instructions to grant the motion to dismiss.
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