QUESTION
Can the employer add to the policy manual a statement that in case of lawsuit, the employee must agree to trial by judge in civil or federal court?
Asked on Sep 25th, 2013 on Employment Contracts - Texas
More details to this question:
I live in Texas. I have been employed 5 years. The company has a new employee manual. Employee is required to sign a page indicating the manual has been read and agreed upon and that the employee must agree, in case of a lawsuit filed against the company, to a trial by JUDGE and not jury. This includes a local lawsuit in Brazos County or a federal lawsuit in Harris County. If I sign this form to keep my job, will it stand in court if I feel the necessity to file on this company? I am over 60 years old. Will signing this form "sign my rights away"?
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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Without being able to see the agreement, it is difficult to say whether signing this form is a good or bad idea for you; however, many employers include waivers of trial by jury in their employee manuals and agreements. It is a fairly standard provision and does not deprive you of the right to a trial. It simply limits your case to being decided by a judge. For more specific advice, I recommend contacting an attorney to review the specific agreement and discuss your options.
Answered on Sep 30th, 2013 at 4:01 PM