Author Topic: Waivers that promise never to sue  (Read 1136 times)

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Offline MariaCatherine

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Waivers that promise never to sue
« on: March 12, 2014, 08:16:18 PM »
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  • A housekeeping service is asking me to sign a waiver that seems to say I promise never to sue them.  It's in legalese and I'm not sure that's what it says.  Anyway, it  seems unreasonable to me, if that is what it says.  Any thoughts or advice?
    What return shall I make to the Lord for all the things that He hath given unto me?

    Offline Mithrandylan

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    Waivers that promise never to sue
    « Reply #1 on: March 12, 2014, 08:18:13 PM »
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  • If it's in legalese, how do you know it says NEVER to sue?

    If you're certain that you're signing something which allows someone to come into your home while simultaneously agreeing to never, under any instance, file litigation against them-- I wouldn't sign!
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    Offline InfiniteFaith

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    Waivers that promise never to sue
    « Reply #2 on: March 12, 2014, 08:31:44 PM »
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  • I don't really agree with this method either. I had to sign one of these at my previous university. Basically it gives them the liberty to do whatever they want to you if they want to.

    You are in a dilemma because if you don't sign it then they probably will not hire you.

    You should consider how much you really need the job. If it is all you can find and you really need it then sign it.

    You could take this job, and start looking for another job ASAP. This could just be a stepping stone for you. I wouldn't stick around at a job that makes you sign ridiculous documents like that. You certainly should not trust the situation.

    Just take the job then start looking for another job ASAP. As soon as you find another job then leave that job. If someone asked me to sign something like that then they would be getting off on the wrong foot with me.

    Offline MariaCatherine

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    Waivers that promise never to sue
    « Reply #3 on: March 12, 2014, 08:47:26 PM »
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  • I'd be a client, not an employee.  I emailed them asking for clarification and they didn't really clarify.  I'll have to press them, I guess.  It goes like this (the bold part is what I'm wary of):

    Quote
    Know all men, by these presents, that I (my name) for and in consideration of being part of the (program) hereby undertake to be present on my property when services arranged are performed and to hereby remise, release and forever discharge (the company) and their respective agents and employees of and from all manner of action, causes of action, suits, debts, dues, accounts, bonds, covenants, contacts, claims and demands whatsoever, against the said (company) their respective agents, employees and any students and adults referred to me by the way of (the company).


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    Offline Mithrandylan

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    Waivers that promise never to sue
    « Reply #4 on: March 12, 2014, 08:50:03 PM »
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  • Ask a lawyer.

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    Offline Frances

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    Waivers that promise never to sue
    « Reply #5 on: March 13, 2014, 02:45:28 AM »
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  •  :dancing-banana:
    A commercial firm wants your $$$ but won't stand behind its workers or services?  I'd look elsewhere!  
     St. Francis Xavier threw a Crucifix into the sea, at once calming the waves.  Upon reaching the shore, the Crucifix was returned to him by a crab with a curious cross pattern on its shell.  

    Offline MaterDominici

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    Waivers that promise never to sue
    « Reply #6 on: March 13, 2014, 03:21:01 AM »
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  • Strike through the questionable wording and initial beside it. Then, sign the form. If the person collecting the paperwork is an average level salesman or something, they'll probably accept it without question. They probably want your business enough to accept a signed contract even if it's been edited.

    If not, I'd look for another company.

    A contract saying you'd agree to arbitration seems fair enough to me. Outright eliminating your right to file against them is too much.
    "If I could only make the faithful sing the Kyrie, the Gloria, the Credo, the Sanctus and the Agnus Dei ... that would be to me the finest triumph sacred music could have, for it is in really taking part in the liturgy that the faithful will preserve their devotion. I would take the Tantum ...

    Offline poche

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    Waivers that promise never to sue
    « Reply #7 on: March 13, 2014, 03:31:31 AM »
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  • If you don't agree then don't sign.


    Offline Ursus

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    Waivers that promise never to sue
    « Reply #8 on: March 13, 2014, 03:44:02 AM »
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  • Actually a lot of people sign away, or simply click a box (terms and conditions) their right to sue. Many large companies and the list is growing to force arbitration when problems arise. Arbitration usually ends favorably with the companies that use it.

    Many times they retain their right to sue you.

    Here's a list of companies and short description of their terms. You're almost certainly using a few of them.

    http://www.citizen.org/rigged-justice-rogues-gallery

    Offline Dolores

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    Waivers that promise never to sue
    « Reply #9 on: March 13, 2014, 06:29:35 AM »
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  • Generally speaking (and depending on your state) such waivers are effective against negligence, but not intentional acts, no matter the language of the document.  In other words, a waiver can protect a company if one of its employees accidentally breaks an expensive sculpture, but it wouldn't offer protection if the employee stole the sculpture.

    Offline MariaCatherine

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    Waivers that promise never to sue
    « Reply #10 on: March 13, 2014, 06:50:53 AM »
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  • Thanks, that's all very helpful.  Can anyone confirm or deny that the waiver says what I think it does?  I don't know if it's worth asking a lawyer yet.
    What return shall I make to the Lord for all the things that He hath given unto me?


    Offline holysoulsacademy

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    Waivers that promise never to sue
    « Reply #11 on: March 22, 2014, 01:51:05 AM »
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  • Yes, it does say you will not sue them.  Now whether signing that document is actually illegal or enforceable, that is a separate issue.
    Another question you need to ask is whether signing the document is absolutely contingent to your purchasing their services.
    Sometimes it's not.
    It's just something they want you to do, but not absolutely needed to do.




    Offline Elizabeth

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    Waivers that promise never to sue
    « Reply #12 on: March 22, 2014, 10:36:34 AM »
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  • Quote from: Ursus
    Actually a lot of people sign away, or simply click a box (terms and conditions) their right to sue. Many large companies and the list is growing to force arbitration when problems arise. Arbitration usually ends favorably with the companies that use it.

    Many times they retain their right to sue you.

    Here's a list of companies and short description of their terms. You're almost certainly using a few of them.

    http://www.citizen.org/rigged-justice-rogues-gallery


    Thanks for this, Ursus.  It's all depressing, but the nursing homes have potential nightmare scenarios.

    Marie Catherine, does your agency do thorough criminal background checks?

    Offline MariaCatherine

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    Waivers that promise never to sue
    « Reply #13 on: March 22, 2014, 06:26:21 PM »
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  • Quote from: Elizabeth
    does your agency do thorough criminal background checks?

    I don't know.  

    It's a non-profit agency that offers affordable housekeeping and yard services to their clients, and work experience for their employees.  They tell the clients that the workers might need a lot of direction.  

    They say that signing the waiver is the necessary first step, so if I do sign, I'll edit it and initial the changes, as Mater Dominici suggested.

    But at this point I'm thinking about looking for professional housekeepers.  I think the extra cost might be worth it.  I don't feel right about the way this agency wants to start our relationship.   :furtive:
    What return shall I make to the Lord for all the things that He hath given unto me?

    Offline crossbro

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    Waivers that promise never to sue
    « Reply #14 on: March 23, 2014, 04:36:23 AM »
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  • Quote from: MariaCatherine
    I'd be a client, not an employee.  I emailed them asking for clarification and they didn't really clarify.  I'll have to press them, I guess.  It goes like this (the bold part is what I'm wary of):

    Quote
    Know all men, by these presents, that I (my name) for and in consideration of being part of the (program) hereby undertake to be present on my property when services arranged are performed and to hereby remise, release and forever discharge (the company) and their respective agents and employees of and from all manner of action, causes of action, suits, debts, dues, accounts, bonds, covenants, contacts, claims and demands whatsoever, against the said (company) their respective agents, employees and any students and adults referred to me by the way of (the company).




    Slam the door in their faces.

    Here is another thing to consider, your homeowners insurance. I will bet that your policy states that the company can request that you sue to get money back on things covered on your policy. That would include theft or injury that occurs on your property.

    Now consider this, the dumb maid falls down the stairs and claims she cannot work for the rest of her dumb life because she is now in a wheelchair and on a breathing apparatus for life. She sues you for lifetime support the medical bills plus the traditional 4x the amount of medical bills and ironically, for a maid for herself since it is now very painful for her to even bend her little finger. She tripped over your French poodle while it was biting her ankle at the top of the stairs. This is not cost you hundreds of dollars, not thousands or hundreds of thousands, but MILLIONS of dollars !!!

    Now maybe your insurance provider says you voided your policy by agreeing not to sue under the terms... since the policy requires you to sue to limit their liability.

    I am not an attorney and do not know if this is true, but check it out with your insurance agent.

     

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