United States District Court, D. Oregon
DONALD B. POTTER, Spaulding & Potter LLP, Attorneys for Plaintiff.
DANIEL J. NICHOLS, Gordon & Rees LLP, Attorneys for Defendant.
OPINION AND ORDER
ANNA J. BROWN, District Judge.
This matter comes before the Court on Defendant Medi-Tech International Corp.'s Motion (#6) to Dismiss Amended Complaint. For the reasons that follow, the Court DENIES Defendant's Motion.
The following facts are taken from the Complaint, the Amended Complaint, and the parties' materials related to Defendant's Motion to Dismiss.
At some point before July 20, 2012, Plaintiff Joseph Kwiecinski, an Oregon resident, was interviewed by telephone and videoconference in Oregon by Defendant, a Delaware corporation with its principal place of business in New York, for a position as a sales representative for Defendant's Northwest territory, which includes Oregon, Washington, Alaska, Montana, and Idaho.
In July 2012 Defendant offered Plaintiff the sales-representative position over the telephone while Plaintiff was in Oregon.
On July 20, 2012, Defendant emailed Plaintiff an employment agreement. Plaintiff signed the employment agreement at his residence in Oregon and emailed it to Defendant. The employment agreement included the following forum-selection clause:
Should any legal dispute, pursuant to this contract, be filed against either party, all disputes must be filed in the State of New York, Supreme Court, County of Kings and all disputes will be governed by appropriate New York State law.
Decl. of Millard Roper, Ex. A at 2.
On August 20, 2012, Plaintiff began working for Defendant out of an office in his home in Oregon. In August 2012 Plaintiff traveled to the New York City metropolitan area for in-service training.
On August 22, 2012, while on the in-service training trip, Plaintiff was a passenger in a car driven by a coworker that was rear-ended by a third party. Plaintiff suffered unspecified injuries. Plaintiff "quickly" informed Randy Walsh, Defendant's Vice President of Sales, about Plaintiff's injuries. Plaintiff, however, did not immediately seek medical attention because he believed at that time that his injuries were not severe.
Over the two days following the accident Plaintiff did not recover fully from his injuries and advised his "superiors" that he needed to see a doctor. Plaintiff, however, was unable to see a doctor before his August 24, 2012, flight back to Oregon.
On August 24, 2012, Plaintiff left messages for George Fortunato, Defendant's President, that he might have a worker's compensation claim.
On August 27, 2012, Fortunato allegedly advised Plaintiff in a telephone conversation to have any doctor bills arising from the accident sent directly to Fortunato for payment. Fortunato allegedly advised Plaintiff that he did not want any worker's compensation claims made against Defendant and indicated Plaintiff would be terminated if he filed a worker's compensation claim.
In September 2012 Plaintiff received a letter from the insurance company of the co-worker who was driving the car informing Plaintiff that he needed to file a workers' compensation claim. On September 26, 2012, ...