Employment Law | Expert Legal Commentary
June 11, 2010
Alonso v. Huron Valley: Employer Waivers Not Valid Unless “Intelligently Waived”
Alonso v. Huron Valley Ambulance, Inc.
By
Jeremy J. Gray of Zuber & Taillieu LLP
The Sixth Circuit recently issued a notable non-published decision that breaks from the prevailing judicial trend favoring arbitration by striking down certain provisions of an employment application because the employees had not knowingly, intelligently, and voluntarily waived their rights. In Alonso v. Huron Valley Ambulance, Inc., 2010 WL 1644233, No. 09-1812 (6th Cir. April 26, 2010), the Court declared invalid provisions of an employment application that required prospective employees to waive their right to take their employment disputes to court and to agree to shorten their statute of limitations for all employment disputes to six months. The decision is notable in recognizing that there are limits to how far a company can push its employees to give up their right to go to court.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu LLP, focusing on employment law.
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