An employee was suspended pending discharge for sleeping and

An employee was suspended pending discharge for sleeping and \"loafing\" on the job. The employer offered to change the penalty to suspension without pay if the plaintiff would sign a \"last chance agreement\" under which he waived and released \"any claims, suits, or causes of action\" against the defendant. The employee refused to sign because he was unwilling to waive his rights to state unemployment benefits or workers\' compensation. Under state statute, agreements to waive such rights are invalid. The employee is discharged. Can he successfully challenge the discharge? Why or why not?

Solution

Answer:

YES, he can successfully challenge the discharge.

The reason is, as given the agreements \"last chance agreement\" to waive of the claims, suits or causes of action against the employer are invalid. So, the action of the employer to enter into \"last chance agreement\" doesn\'t have any effect and also discharging employee on the ground of sleeping and loafing on the job doesn\'t hold good. In that scenario, the employee can that discipliary action that too on considering the past record of the employee and this employee\'s supervisor to be question for the employees action.

Thanks.