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  1. #1

    Default Can an Employer Require You to Waive Your Right to Sue

    My question involves workers compensation law for the state of: Texas

    "I understand that state Workers' Compensation statutes cover work-related injuries that may be sustained by me. If I am injured on the job, I understand that I am required to notify XXXXX immediately. XXXXX will inform me of my state's Workers' Compensation law as it pertains to seeking medical treatment. This is to assure that reasonable medical treatment for an injury will be paid for by Workers' Compensation insurance.

    As a result, and in consideration of XXXXX offering me employment and placement to XXXXX ís customers, I hereby waive and forever release any and all rights I may have to:
    make a claim, or
    commence a lawsuit, or
    recover damages or losses

    from or against any customer (and the employees or agents of any customer) of XXXXX to which I may be assigned and/or placed, arising from or related to any injury that may be covered under the Workers' Compensation statutes."

    Does this make sense? Is this the way it should be or usually is? This is a temp agency

  2. #2
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    Default Re: Can an Employer Require You to Waive Your Right to Sue

    I am not entirely sure, because its difficult to tell because of the X's, but I think that what they are saying is that the temp agency will be covering you for worker's comp, and therefore they want you to waive any rights to try to make a worker's comp claim on the client they send you to work for.

    You might want to run it by a local employment attorney to be sure.

  3. #3
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    Default Re: Can an Employer Require You to Waive Your Right to Sue

    Texas has very poor protections for workers, and very poor workers' compensation laws. If the temp agency is offering actual workers' comp insurance, not a self-insured plan then, believe it or not, you're better off than a lot of workers. In most cases, worker's comp will prevent a lawsuit against an employer or co-worker anyway (exclusive remedy).

    You can consult a Texas employment lawyer, if you choose, but I suggest working from the assumption that a Texas court will uphold that release and deciding based upon that knowledge whether or not you want to work through the temp agency.

  4. #4
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    Default Re: Can an Employer Require You to Waive Your Right to Sue

    if the employer in TX has WC coverage (and it is the one state that does allow employers to opt out), then it is the sole remedy unless you waive the right to WC within 5 days of hire which would allow you to then sue if you later had an injury - but a lawsuit would be your only remedy at that time since the WC laws would not cover you.

    Personally I would cross out the "make a claim" portion (but I am not an attorney, just someone who has practiced HR in TX for close to 20 years). Because the way it's written makes it sound like you would be waiving both WC coverage AND the ability to later file a lawsuit.

    And read through this : http://www.twc.state.tx.us/news/efte...pensation.html

  5. #5
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    Default Re: Can an Employer Require You to Waive Your Right to Sue

    Quote Quoting hr for me
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    if the employer in TX has WC coverage (and it is the one state that does allow employers to opt out), then it is the sole remedy unless you waive the right to WC within 5 days of hire which would allow you to then sue if you later had an injury - but a lawsuit would be your only remedy at that time since the WC laws would not cover you.

    Personally I would cross out the "make a claim" portion (but I am not an attorney, just someone who has practiced HR in TX for close to 20 years). Because the way it's written makes it sound like you would be waiving both WC coverage AND the ability to later file a lawsuit.

    And read through this : http://www.twc.state.tx.us/news/efte...pensation.html
    You don't think it reads like WC coverage will be provided by the actual employer (the temp agency) and that they are only asking him to waive the ability to claim against or sue the client where he is placed?

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    Default Re: Can an Employer Require You to Waive Your Right to Sue

    Quote Quoting hr for me
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    Personally I would cross out the "make a claim" portion (but I am not an attorney, just someone who has practiced HR in TX for close to 20 years). Because the way it's written makes it sound like you would be waiving both WC coverage AND the ability to later file a lawsuit.
    I don't read the clause in the same manner as you; but why do you believe that this is a negotiation? If you refuse to sign the temp agency's release, it's reasonable to infer that you will have a zero percent chance of getting any placements through the temp agency.

  7. #7
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    Default Re: Can an Employer Require You to Waive Your Right to Sue

    I can understand if they were just stating the agency is the employer of record and that all WC claims come back to the agency....and maybe that is the intent. But that's not how I am reading it, but it is possible with the xxxx's I could be misunderstanding the temp agency's intent. I'd definitely ask questions and clear it up before signing it. Since the middle piece (waiver) is separate from the other statements (maybe just how poster formatted it)

    And Mr K,.....if they are really wanting him to waive both, that's not a temp agency I would want to be placed with.

  8. #8

    Default Re: Can an Employer Require You to Waive Your Right to Sue

    Quote Quoting Mr. Knowitall
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    I don't read the clause in the same manner as you; but why do you believe that this is a negotiation? If you refuse to sign the temp agency's release, it's reasonable to infer that you will have a zero percent chance of getting any placements through the temp agency.
    Yes, its what makes me question this.

    Quote Quoting hr for me
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    I can understand if they were just stating the agency is the employer of record and that all WC claims come back to the agency....and maybe that is the intent. But that's not how I am reading it, but it is possible with the xxxx's I could be misunderstanding the temp agency's intent. I'd definitely ask questions and clear it up before signing it. Since the middle piece (waiver) is separate from the other statements (maybe just how poster formatted it)

    And Mr K,.....if they are really wanting him to waive both, that's not a temp agency I would want to be placed with.
    The xxxxx's are placements for the temp agencies company name. I assume that that's what you weren't sure of?

  9. #9
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    Default Re: Can an Employer Require You to Waive Your Right to Sue

    Quote Quoting that1guyy
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    Yes, its what makes me question this.

    The xxxxx's are placements for the temp agencies company name. I assume that that's what you weren't sure of?
    I really think that it is saying that the temp agency will cover you under worker's comp and that any claims will be under them.

    Therefore, they are asking you to waive any rights to sue the clients. In my opinion they are not actually asking you to give up any rights at all. The temp agency is your employer therefore they are the ones who SHOULD be covering you for worker's comp, not the clients.

  10. #10

    Default Re: Can an Employer Require You to Waive Your Right to Sue

    Applying with another temp agency and figured I'd highlight similar statements:

    2. Claims Subject to Agreement. The “Covered Claims” under this Agreement shall include all common-law and statutory
    claims relating to my employment, including, but not limited to, any claim for breach of contract, unpaid wages, wrongful
    termination, and for violation of laws forbidding discrimination, harassment, and retaliation on the basis of race, color,
    religion, gender, age, national origin, disability, and any other protected status. I understand and agree that arbitration
    is the only forum for resolving Covered Claims, and that both ****** and I hereby waive the right to a
    trial before a judge or jury in federal or state court in favor of arbitration for Covered Claims.

    6. Limitations on Actions. ****** and I agree to bring any claims that each party may have against the other
    within 300 days of the day that such party knew, or should have known, of the facts giving rise to the cause of action, and
    The parties mutually waive any longer, but not shorter, statutory or other limitations periods. This waiver includes, but is not
    limited to, the initial filing of a charge with the Equal Employment Opportunity Commission and/or state equivalent civil
    rights agency. However, I understand that I will thereafter have the right to pursue any federal claim in the manner
    prescribed in any right to sue letter that is issued by an agency.

    8. Waiver of Class and Collective Claims. Both ****** and I also agree that all claims subject to this agreement
    will be arbitrated only on an individual basis, and that both ******* and I waive the right to participate in or receive
    money or any other relief from any class, collective, or representative proceeding. No party may bring a claim on behalf of
    other individuals, and no arbitrator hearing any claim under this agreement may: (i) combine more than one individual’s
    claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information
    or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding.

    16. Savings Clause & Conformity Clause. If any provision of this Agreement is determined to be unenforceable or in
    conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision and/or
    the unenforceable or conflicting provision shall be automatically severed and the remainder of the Agreement shall not be
    affected. Provided, however, that if the Waiver of Class and Collective Claims is found to be unenforceable, then any claim
    brought on a class, collective or representative action basis must be filed in a court of competent jurisdiction, and such court
    shall be the exclusive forum for such claims.

    Is there any similarity to before?

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