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Job contract say "you wave your right to a trial by jury" is this normal

My boyfriend just got a new job and in the contract it says he waves his right to a trial by jury. I've never heard of a company having this in their contract. Is this normal?

Update:

riskshark: Thanks for being such a jerk about it. I was asking a question, I wasn't claiming to be a victim. I've never heard of this before! I wanted to make sure he wasn't signing something he shouldn't. I care about people in my life. You sound like a bitter jerk. Get over your self, your not as bad@$$ as you think you are.

Update 2:

Also let me add that is says nothing about arbitration which I also thought was weird.

I've just asked someone who knows about the law and they even said they are asking him to wave a lot of rights... but if he doesn't he won’t get the job.

Thanks to the people who were nice about this though.

10 Answers

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  • 1 decade ago
    Favorite Answer

    Very common. There is probably a clause right below that saying all disputes will be resolved through binding arbitration. It is not illegal.

    You likely also agreed to arbitration, whether you were aware of it or not, when you opened a bank account, got a credit card, purchased a cell phone, opened a brokerage account, bought a home, rented an apartment, purchased or financed a vehicle, obtained an insurance policy, and so on.

    By the way, that thing in the Constitution about the right to a jury trial, applies only to criminal prosecutions, not civil disputes. Even then, it is waivable by agreement.

  • Anonymous
    1 decade ago

    No contract has ever been written that cannot be broken. Some are more difficult than others. But, as stated above, you cannot absolve liability, you cannot sign away your Constitutional rights (within reason), and anything illegal in a contract automatically makes it null and void.

    If your boyfriend wants the job because it pays well, or there is nothing else presenting itself and he needs the job, tell him to sign the paper and take the job. Likelihood of this coming back to bite him is minimal. Even if it does, any contract law attorney worth the tuition he paid to get his degree and bar license can deal with it later.

  • 1 decade ago

    Many employers put these clauses in their contracts, especially in markets where juries are known to award several million dollars to the snatch & grab jewelry thief, because those evil police shot him for no reason. Honest, he was NOT REALLY going to throw her on the tracks, right, and the truly sick part is that the appellate courts let these obscenities stand.

    So you waive trial by jury. You try your case to the judge instead. It will be faster, and it will still be justice. Get over it. Most free countries, like England and France and Ecuador and just about EVERYWHERE except the USA they don't have jury trials in civil cases any longer. So sign the contract, do the job, and have a good life, thank you.

    Next "victim," please.

  • 1 decade ago

    I heard about this maybe a year ago that people who were contracted for work by the Port Authority in New York signed these contracts. They were outraged but there was never any explanation and apparently nothing was done about it. I would think it would be unconstitutional and why would working for them result in a trial, by jury or otherwise? I would certainly demand an explanation of why this would be part of the contract and I wouldn't sign it. That would probably result in no deal.

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  • Jim M
    Lv 6
    1 decade ago

    I suspect they are opting for arbitration. So, if you decide to leave with customer lists they can't file suit. Specifically, they will get an injunction to stop you. But as for finding damages, they will need to go with the unlikely-to-be-crazy arbitration award.

    Similarly, if they let you go for unfounded reasons . . .

    And if it is unconstitional, go ahead and sign it. I reserve the right to sign documents I know will not hold up in court - and my general policy is to notify the counterparty once, or not at all, in those cases.

  • Anonymous
    1 decade ago

    It's not only shady - it is blatantly unconstitutional.

    I would not work for a company that tried to deprive me of my rights before I even was hired! You will have nothing but trouble.

    Such a contract would be null and void, as it violates the law of the land and is illegal.

  • 1 decade ago

    tell him not to sign it.

    i don't think it's legal first of all, but i don't know.

    regardless, it seems to me then that the company does a lot of suing of it's employees or in one way or another taking them to court, and they need to hide from the public eye (jury).

    bad news right there.

  • 1 decade ago

    My husband, a police officer, says it is not legal for a company to put that in a contract. they cannot go against the constitution whether you sign a contract or not.

  • 1 decade ago

    No, that is not normal and one cannot sign away ones rights to begin with

  • 1 decade ago

    me personally, I wouldn't sign it.

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