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General Handbook Waivers - Tread Lightly!

An employee must explicitly agree to waive the right to sue for an arbitration provision in an employee handbook to bar a suit under the Americans With Disabilities Act, rules a federal appeals court.

The Ninth Circuit, which governs Washington, Oregon and California, says the arbitration agreement in a company handbook signed upon receipt of an employee (William Kummetz) was not enforceable "because it was neither explicitly presented nor explicitly accepted." It thus failed to meet the minimum ADA requirement that agreements to arbitrate disputes under the law must at least be "knowing."

The acknowledgment Kummetz signed did not notify him "that the booklet contained an arbitration provision, nor did it mention or imply anything about employment related disputes, civil rights statutes, or waivers of remedies," stresses the court. To be sure that you have a good case and that your agreement is binding have Braun Consulting Group review it for you.

Work Place Tips- Short Reminders

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