Messing, Rudavsky & Weliky Sets Precedent Limiting Removal of Cases from MCAD
Messing, Rudavsky & Weliky just established an important principle involving an employee’s choice of forum. In one of our cases, our client wished to try her case at the MCAD. The employer, an out-of-state corporation, “removed” the case to federal court, which it felt would be a more welcoming forum to employers.
Dahlia C. Rudavsky, who represented our client, argued to the court that removal was improper under the relevant precedent. The U.S. District Court judge agreed, and sent the case back to the MCAD. In his decision, the judge noted that the issue raised was one of “first impression” – in other words, for the first time, the principle is now established that out-of-state employers do not have the right to remove cases from the MCAD to federal court. The decision will surely be cited as precedent if other employers attempt this tactic in the future.