In deciding whether a waiver is legally binding, the court will usually consider the following:

(1) Is the waiver written in language that is easily understood by the employee?

(2) Did the employee, in return for signing the waiver, receive a benefit that s/he was not already entitled to?

(3) Did the employee have enough time to consider the offer before returning the signed waiver?

If you are asked to sign anything by your employer, consult an attorney. An attorney will be able to determine if the language of the waiver is appropriate, and whether you are giving up other rights of which you are not aware. You want to be careful when signing anything, so that you don't lose any benefits you might otherwise be entitled to upon losing your job.

(Reviewed 9-08)