Legal Question in Employment Law in Tennessee
Liability Waiver?
I have a question regarding a form my employer, Pet Care Warehouse, wants me to sign. It's titled 'Liability Waiver of Employee'.
I was given a form that reads:
''Employee at their own free will and discretion relative to function may work their posted schedule, however employee shall protect, indemnify, and save Pet Care Warehouse of Tennessee LLC, harmless from and against all and any liability and expense of any kind, including reasonable attorney's fees arising from any injuries or damages to the employee or an unborn child''
I am currently four months pregnant. By signing this form, if I understand it correctly, I forfeit any worker's comp. I could receive in the event of an accident at work. Is that right? I worry that by not signing this, that I'm putting my job at risk. I can't afford to be out of work. Am I protected under any laws that would deem this document illegal or unjust?
Just hoping for some insight. Thanks.
2 Answers from Attorneys
Re: Liability Waiver?
You should not sign that agreement. Are other employees required to sign that agreement? It could be a form of gender or pregnancy discrimination. You should contact an attorney about it immediately.
If you have any more questions, need more information, please feel free to contact me at [email protected] or 901.683.1850
Re: Liability Waiver?
In years of representing employees in employment disputes, I have never seen a waiver of the type you are describing. I would be inclined not to sign the waiver as you never know what a court will do with something of this nature. If, however, you do sign it, it would probably not be sustainable in court as a waiver of your workers' compensation rights as such would be contrary to Tennessee public policy.
There are also issues that this may present as to unlawful discrimination. Your best advice would be to contact an attorney in regards to this situation immediately.
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