Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Category Archives: Jury Waivers

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Expect a Showdown at the Supreme Court over Class Action Waivers in the Employment Context

Posted in Arbitration, Jury Waivers, News & Commentary
Arbitration agreements containing class action waivers can be an effective way for employers to mitigate risk against defending large scale mass actions filed by employees. And in the Fifth Circuit, the federal Court of Appeals covering Texas, and three other federal circuits, individual arbitration agreement containing class-action waivers are enforceable. In a recent Seventh Circuit Court of… Continue Reading

Supreme Court of Texas Rejects At-Will Employee’s Argument that Agreement to Waive Jury Trial was Coerced

Posted in Case Summaries, Jury Waivers
The Texas Supreme Court issued an opinion this morning holding that advising an at-will employee that his employment will be terminated if he does not sign a mutual waiver to resolve disputes without a jury is not unlawful coercion sufficient to sset aside the agreement.  If you read this blog frequently, you know I am a big proponent… Continue Reading

Texas Supreme Court Agrees to Hear Dispute over Employment Agreement to Waive Jury Trial of Disputes

Posted in Judicial Updates, Jury Waivers
The Supreme Court of Texas has agreed to hear the case of In re Frank Kent Motor Co. d/b/a Frank Kent Cadillac, No. 10-0687.  In that case, the Fort Worth Court of Appeals denied the employer’s application for writ of mandamus and refused to overrule the trial court’s decision not to enforce/honor an agreement between the employer and… Continue Reading

Fort Worth Court of Appeals Enforces Mutual Waiver of Jury Trial

Posted in Case Summaries, Discrimination, Human Resources, Judicial Updates, Jury Waivers
I’ve written several posts advocating the advantages of employer’s use of waivers of jury trials to resolve employment disputes with employees.  (See posts here and here).  To recap, the mutual waiver of jury trial provides the employer and employee a fair way to resolve employment disputes without some of the disadvantages that other forms of alternative… Continue Reading

Defending Judicial Trials of Employment Disputes

Posted in Arbitration, Discrimination, Jury Waivers
I just returned from Tulane University Law School’s 27th Annual Multi-State Labor and Employment Law Seminar held at the La Cantera resort in San Antonio, Texas.  (See brochure here).  Attendees and presenters at this conference are some of the finest and most experienced labor and employment lawyers in the country.  During my three days at the conference, I did an unscientific, anecdotal survey… Continue Reading

Jury Waivers in Employment Relationships

Posted in Jury Waivers
Since at least 2004 Texas law has permitted Texas employers to enter into predispute agreements with their employees to waive a right to a jury trial. The predispute waiver of the right to jury trial can be a desirable option for employers that would prefer to avoid the potential jury trial of a civil rights… Continue Reading