Is it true that a person cannot sign away their right to legal representation and sue an employer?

UPDATED: Oct 1, 2022

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Is it true that a person cannot sign away their right to legal representation and sue an employer?

In order to keep job, I had to sign a last chance agreement that precluded my suing the company for

any and all mistakes they may make.

Asked on August 21, 2017 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, that is not true, or at least not entirely. You can't sign away your right to file a complaint, sue, or take legal action for violations of labor/employment law (e.g. overtime law), employment discrimination law, or for deliberately wrongful, harmful, or criminal acts, because public policy does not let you give up these rights in advance...but you *can* give up your right to sue for run of the mill accidents, negligence, or injuries Giving up the right to sue for common, everyday injuries is itself fairly common: e.g. any liability waivers for skiing, amusement parks, bungie jumping, etc.

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 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.

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