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Right To Sue Must Be Waived Knowingly And Intelligently

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Just because an employee signed an employment application that contained a waiver of the right to sue, doesn't mean that the employee is automatically prevented from seeking legal remedies. The onus is on the employer to prove that the individual knowingly and intelligently waived his/her rights.


Case in point: When a married couple applied for paramedic positions, they were each required to complete and sign a four-page application. The last page contained a section stating that if hired, the applicant agreed to submit all employment claims to the company's internal grievance board; stating that the grievance board was the exclusive remedy for all employment claims; and shortening the statute of limitations for all such claims to six months. The section was preceded by the phrase, "Please read the following before signing," in all caps and boldface type. Both signed the application.


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