Waivers, Employer/Employees, and Bargaining Position
By Doyice Cotten
This article is taken from Waivers & Releases of Liability 7th ed. by Doyice and Mary Cotten.
Employers are considered to have a superior bargaining position over employees. For this reason, as a general rule, waivers which employers require employees to sign are generally considered to be in violation of public policy and unenforceable. However, three “sub-categories” under employees will be examined here.