Waiving the right to sue is intentionally giving up the right to sue. It’s saying to an employer in this regard that the employer is not accountable for his/her acts. Waivers are sometimes unavoidable, unless you choose to omit the occasion. That is that you may not get hired if you choose not to sign. So in such case, you may sign the waiver as a formality, or under pressure. Often there are flaws connected with the waiver, such as incorrect or even illegal or hidden wording. So will I sue in the case 10.3, “Yes” I will: because it qualifies as an unjust dismissal Even if Mr. David Parker was fired as a result of reducing company cost of operation and to increase future revenue; but since he was earning more a lot due to his experience and longevity there, his firing is still unjustified due to the fact that revenues can be increased using other avenues like increased advertising or improvement in product/service quality. In addition, Mr. Parker is harmed because new jobs are scare and alternatives are undesirable. Hence, the loss is a significant financial blow not only to him but the society as a whole. In an age discrimination Further more, even if Mr. Parker doesn't have a claim for age discrimination, there might still be another form of claim. For example, if the employee did have an implied contract, and was fired without cause, then he can still sue for past and future lost wages and benefits. However, the employee can't sue for emotional distress or punitive damages. Likewise, The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age." References: Boatright, John R. (2003). “Ethics and The Conduct of Business Prentice Hall Age Discrimination in Employment Act of 1967 |
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