May an employer require an employee to sign waiver of personal rights as against an outside company?
Full Question:
Answer:
Connecticut courts have held that certain agreements such as waivers of liability can violate public policy. Contracts that violate public policy are unenforceable. The courts consider factors that may be relevant given the facts and social expectations to determine if an exculpatory agreement violates public policy. An agreement given to employees on a take-it-or-leave-it basis (thereby being a term of their employement) can be construed as such an exculpatory agreement. If the employee is told that if he does not sign, he could not work, the courts will take notice. The employer possessed a decisive advantage of bargaining strength against employees. In general, exculpatory agreements in the employment context are held to violate public policy.