When executing an employment contract with an employer, the importance of having a lawyer review the contract promptly can hardly be overstated. The importance of seeking legal advice regarding a prospective employment contract is illustrated by the recent decision Gavin vs. AT&T SERVICES, INC. In this case, a federal judge in New Jersey rejected an employee’s claim against an employer under the New Jersey Law Against Discrimination (NJLAD) as barred by a contract provision waiving the statute of limitations.
The case involved a woman who had significant physical impairments in her feet and legs and requested the right to telecommute as a reasonable accommodation for her physical disability. The employer opposed the NJLAD claim based on modification of the statute of limitations in the employee’s job application. The NJLAD requires that a discrimination claim be brought within two years of the discriminatory act or decision.
The employee signed an application for employment that contained a provision entitled Waiver of Statute of Limitation for Employment-Related Claims, which shortened the statute of limitations for such claims to a mere six months. The court interpreted the provision in the employment application as a contract, because the employer conditioned employment on acceptance of the waiver of the statute of limitations.
The application stated it must be interpreted according to Illinois law, which does not provide any prohibition against contracting around the statute of limitations in employment agreements. Because the six-month period had passed by the time the employee pursued her claim, the court found that the statute of limitations barred her NJLAD employment discrimination claim.
While this decision is not binding precedent in New Jersey employment discrimination cases, the case does provide insight into the reasons to seek timely legal advice both when executing an employment agreement and when pursuing a claim for employment discrimination or wrongful termination.