“By signing this agreement, you acknowledge that disputes arising out of this agreement will be settled by arbitration and you waive your right to a jury trial.” Before deciding to turn down an otherwise acceptable job offer from a potential employer, private or entrepreneurial, let`s look at some basic facts about jurisdiction and language of waiver in veterinary employment contracts. The result of this decision was particularly painful for this employer. The court of justice had let the whole case, including the CEPA case, be tried by a judge without a jury. The trial judge ruled in favor of the employer, even to the point where the employer would be entitled to $2 million in attorneys` fees. In deciding not to waive the CEPA Appeal Jury Procedure, the Court of Appeal set aside the CEPA judgment and sent the case back to a jury for a new trial. A judge is also sometimes involved in employment disputes under a veterinary employment contract. This happens most often in two cases. Some employment contracts involve a simple waiver of jury trials. This means that a dispute a resulting from the employment contract would be judged by a judge. This waiver may constitute a disadvantage for both parties in the context of a non-competition clause.

Judges in these cases have a wide margin of appreciation and one man`s reasonable non-competition clause may be five miles, while another man`s reasonable non-competition clause could be eight. One judge in particular may be a strong supporter of workers` rights. But she might also believe that if a person signs an agreement, they should abide by it. I have just returned from the 27th Annual Multi-State Labor and Employment Law Seminar at Tulane University Law School, held at La Cantera Resort in San Antonio, Texas. (See brochure here). The participants and speakers of this conference are some of the best and most experienced labour and labour lawyers in the country. During my three days at the conference, I have. When adopting its decision, the Appeal Division gave guidance on the type of Wavier language that is sufficient. For example, the court found that waiving a jury trial was ambiguous and insufficient for “any controversy or claim resulting from the agreement or its violation.” On the other hand, the court found that the waiver was not necessary to list all the laws or rights of the worker.