Jottings By An Employer's Lawyer |
Tuesday, November 30, 2004
6th Circuit Upholds "Contractual" Statute of Limitations of 6 Months
I agree that any claim or lawsuit relating to my service with Chrysler Corporation or any of its subsidiaries must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary.Relying on apparently well established Michigan law, the court rejected Thurman's argument that the agreement should not be enforced because it was a contract of adhesion and also found that even under the heightened scrutiny for waiver of a civil right, the application in this case passed muster. It also rejected an argument that the application was superseded by the collective bargaining agreement which covered Thurman after she was employed. Another example of the importance of that sometimes overlooked and under appreciated piece of paper otherwise known as the employment application.
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