Employers often need employment waivers—agreements between workers and their employers in which the employee gives up a right in exchange for something else of value.
As a San Antonio employment waivers lawyer could explain in detail, these waivers are useful in several contexts but must be carefully drafted to be effective and enforceable. Sasha Begum and the experienced contracts attorneys at Begum Peláez-Prada PLLC have the knowledge and experience to produce a waiver that accomplishes your goals.
Occasionally, situations may arise when an employee feels aggrieved. For example, if a workforce reduction is necessary and an employee loses their job, they may feel laid off for discriminatory reasons. Even in cases when a worker is fired for cause, they may believe they have grounds for legal action.
Lawsuits are expensive and require effort that can be better spent on other business purposes. Additionally, they can be bad for morale. A San Antonio legal professional could recommend employment waivers as a cost-effective way to offer an aggrieved employee an incentive not to bring legal action.
Employers must recognize that an employee who believes they have been the target of discrimination may file a charge with the Equal Employment Opportunity Commission (EEOC), even if they have signed a valid waiver. The worker can also provide evidence or testify on behalf of a co-worker’s EEOC complaint. Waivers can only control lawsuits in court, not administrative complaints.
Although employment waivers can be useful in many contexts, there are limits on an employer’s ability to seek a waiver. Some rights may not be signed away. For example, Texas Labor Code § 207.071 says that employers cannot require workers to waive their right to unemployment benefits or their rights to minimum wage and overtime pay.
Any waivers addressing certain employee rights may be void under the Federal Labor Standards Act, the Equal Employment Opportunity Act, or the National Labor Relations Act. However, in certain circumstances, an employee may voluntarily waive a claim under one of these laws in return for an incentive. A San Antonio employment waivers attorney could discuss which rights cannot be signed away by employees and provide advice on incentivizing workers to avoid claims.
An employment waiver that does not violate the law is enforceable if it meets certain conditions:
Additionally, be sure to consult a lawyer about the specific laws that apply to age discrimination claims.
Workers who have signed waivers still sometimes try to sue the employer. In such cases, the judge will first decide the validity of the waiver and dismiss the case if the waiver meets applicable legal requirements. An experienced San Antonio employment waivers attorney could protect an employer and ensure that all waivers are enforceable.
Employment waivers are an essential risk management strategy for businesses of all sizes. When you need to protect your business from lawsuits by disgruntled former employees, contact a seasoned San Antonio employment waivers lawyer at Begum Peláez-Prada, PLLC. Sasha Begum and her team provide sophisticated legal services with an approachable style. Call today to get started.
