Waiver of a right to a jury trial can be a valid condition for employment.

The plaintiff filed an age discrimination claim following his termination and asserted claims under the NJLAD. The employer successfully moved to strike the plaintiff’s request for a jury based upon the waiver of any such right in the plaintiff’s original application for employment. In reaching this conclusion, the judge noted that the waiver of a statutorily granted right is permissible if the waiver is supported by adequate consideration (which could include being hired) and the language meets the legal requirements for clarity and applicability.

Case Law Alerts, 4th Quarter 2013