Is it legal to put a disclaimer on the back of a payroll check that states when you cash the check you are relishing your rights to sue?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to put a disclaimer on the back of a payroll check that states when you cash the check you are relishing your rights to sue?
Asked on February 3, 2011 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In most situations, a disclaimer like that on any check for a debt which is due anyway is not enforceable. The issue is, if party A owes party B money already--for hours worked; for goods sold or services render; in repayment of a loan; really for any reason--then if A pays B the money A is supposed to pay anyway, there is no "consideration" for any agreement. That is, for an agreement to be binding--including an agreement to not sue--the party giving up a right (such as the right to not sue) must get something in return. But if you're only getting something you're owed anyway and no additional money or anything else of value, then the person is not really getting anything; they're only getting what's due them anyway. And that does not provide consideration for an agreement.
It's impossible to give an absolute or blanket answer, since circumstances matter; but normally, this kinds of disclaimers, when on a check that someone is owed in any event, are not effective.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.