Legal Question in Employment Law in Ohio
I was looking at applications and cannot believe how crazy they have gotten over the last few years. Anyways, in Boston Markets application it says, "I further understand and agree that nothing in this application form shall constitute a contract of employment or shall constitute a contract or a guarantee of employment." Then later it states "I agree that any claim or lawsuit relating to my service with Boston Market Corporations must be filed no more that 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."
My question is if you take the second option in the first quote where it says, shall constitute a contract, then can you really give up your right to statue of limitations considering they just said it was not a contract?
1 Answer from Attorneys
The sentence regarding contracts would appear to apply only to the employment application itself, and not to any subsequent verbal or written employment contract/relationship that the individual and company might enter into. The second quoted sentence would constitute a knowing and valid waiver, assuming the individual actually entered the service of Boston Market subsequently.
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