'Waive your right to a jury trial...' How can a company require this?

CurtEastPoint

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Fri Dec-03-10 08:55 AM
Original message

'Waive your right to a jury trial...' How can a company require this?

Is this legal? I guess it must be. In my job search, I just saw an app for a large national company and the last page is that waiver. You HAVE to sign it or too bad:

This Agreement does not prevent you from filing charges with administrative agencies such as the Equal Employment
Opportunity Commission or the National Labor Relations Board or equivalent state agencies. This Agreement does not
take away any of your rights to sue or to seek all of the types of remedies the law allows. It simply provides that a judge will
decide any differences that cannot be resolved through the Company�s internal complaint resolution procedures. By signing
this Agreement, you waive your right to request or demand a jury trial with respect to any claims under federal or state law
(to the extent permitted by the law of the state in which you may be employed) that you may assert against XXXX
Corporation, its affiliates, subsidiaries, divisions, successors, assigns, purchasers, and/or its current, former, and future
employees, shareholders, officers, directors and agents (�the Company�). This includes, but is not limited to, claims relating
in any manner to your application for employment, your employment (and any of its terms or conditions), or your separation
from employment with the Company.

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FreakinDJ

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Fri Dec-03-10 09:02 AM
Response to Original message

1. Pro Quo

Which means even thou it is NOT LEGAL they will attempt to enforce it upon you waving it in front of the judge. Any respectable Judge would immediately toss it out.

"Did you sign the form?

"Eer Yes, I was afraid they wouldn't hire me unless I did"

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elleng

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Fri Dec-03-10 09:39 AM
Response to Reply #1

4. It is NOT 'not legal,' its considered an adhesion contract, wherein

one side has all the bargaining power and uses it to write the contract primarily to his or her advantage.

They are fairly common, as in 'Take it or leave it,' and there's nothing shameful about signing one. Just be aware of all the relevant issues.

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FreakinDJ

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Fri Dec-03-10 10:31 AM
Response to Reply #4

10. My lawer told me they don't hold up in court

and hence the interpretation I was given

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elleng

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Fri Dec-03-10 10:53 AM
Response to Reply #10

12. Probably good advice generally, MOST never get into court; VERY common, tho.

Edited on Fri Dec-03-10 10:55 AM by elleng

Not 'thrown out' because they're 'not legal,' but probably due to evidence of undue pressure to sign/agree, lack of full disclosure, or somesuch.

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Me.

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Fri Dec-03-10 09:10 AM
Response to Original message

2. Shouldn't You Be Telling Us Which Company?

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sinkingfeeling

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Fri Dec-03-10 09:25 AM
Response to Original message

3. I've seen that before. Standard paragraph for excepting 'early retirement', in an attempt that

older employees being forced out wouldn't sue for age discrimination. Lawyers say to sign it, but ignore it.

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elleng

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Fri Dec-03-10 09:42 AM
Response to Reply #3

6. Lawyers shouldn't say sign it but ignore it,

but should say you can sign it if you think you can live with the particular 'obnoxious' (my term) aspect.

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sinkingfeeling

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Fri Dec-03-10 12:09 PM
Response to Reply #6

13. No, I was advised to sign the document and then to pursue a lawsuit

anyway. Not only did I join the class-action suit, but we won.

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elleng

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Fri Dec-03-10 12:12 PM
Response to Reply #13

14. Good (and unusual!) Company? Issues?

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sinkingfeeling

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Fri Dec-03-10 12:14 PM
Response to Reply #14

15. IBM. The Cooper case. Age discrimination in 'resource actions'.

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elleng

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Fri Dec-03-10 12:50 PM
Response to Reply #15

16. thx

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kenny blankenship

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Fri Dec-03-10 09:40 AM
Response to Original message

5. "Inalienable rights" are for corporate persons. Any rights you may have are negotiable.

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elleng

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Fri Dec-03-10 09:44 AM
Response to Reply #5

7. This is private contract between individuals, this is NOT about government

affecting 'rights.' You have the right to think about whether you're better off signing or not signing, and do what you think suits your needs best.

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kenny blankenship

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Fri Dec-03-10 09:55 AM
Response to Reply #7

8. So, do you think ppl could hypothetically sell themselves into slavery, through a signed contract?

Edited on Fri Dec-03-10 09:56 AM by kenny blankenship

Or does the phrase inalienable right actually have a meaning, like a right that can neither be taken away nor given away, no matter what pieces of paper were signed?

Maybe you should reflect on the term "inalienable right" some more. (And no, I'm not going to be impressed by a degree from a law school. Reflect some more.)

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elleng

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Fri Dec-03-10 10:05 AM
Response to Reply #8

9. Yes.

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FreakinDJ

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Fri Dec-03-10 10:32 AM
Response to Reply #8

11. Like the papers you sign to join the military

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OrwellwasRight

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Sun Dec-05-10 08:37 PM
Response to Reply #8

17. NO.

Contracts to to sell yourself (or another person), contracts to kill a person, etc. are all null and void the minute they are signed because they are against the public good. This is a long-standing provision of contract law: that certain things are beyond your right to contract because they are so heinous to the public good.

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