Can an employer make me give up my legal rights in an arbitation case?

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Can an employer make me give up my legal rights in an arbitation case?

I was terminated from my job for breach of contract. The company wants to pay me back pay and sign a letter giving up my legal rights to sue. I’m about to go to arbitator for ruling but the company does not want to go to the hearing because they know they screwed up.

Asked on October 22, 2018 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is perfectly legal and even common to, as part of a settlement or in exchange for compensation, give up or "waive" your right to sue. The law allows you to contract away your right to sue. And since suing takes time, costs money, and has an uncertain outcome (no one can guaranty the outcome of litigation), it often makes sense to give up the right to sue in exchange for payment.


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