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Monday, October 3, 2022

Texas Employers and Employees May Waive Their Rights to a Jury Trial

Last updated Friday, October 8, 2010 01:00 ET

In Texas, employers and employees can contractually waive the right to a trial by jury by including a jury waiver provision in a contract that governs their relationship.

10/08/2010 / SubmitMyPR /

In Texas, employers and employees can contractually waive the right to a trial by jury by including a jury waiver provision in a contract that governs their relationship.  Then, instead of a jury determining the outcome of any lawsuit arising from the employment relationship, a judge would hear the testimony and act as the finder of fact.

While some employers prefer to arbitrate employment disputes, a jury waiver enables an employer to take advantage of the other rights that exist in a court of law while avoiding the possibility of a “runaway” jury and a large jury verdict.

An employer who seeks to enter into a jury waiver agreement with an employee should contact employment law counsel.  While courts routinely enforce jury waiver clauses, these clauses must meet legal standards.  For example, because a party’s waiver of the right to a jury trial should be knowing and voluntary, an employer cannot bury jury waiver language within an agreement or type it in tiny type and expect a court to enforce the jury waiver.  Experienced employment law counsel can draft a jury waiver provision that satisfies the legal requirements.

To speak to a Dallas, Texas employment lawyer about a jury waiver clause or another employment law issue, contact the Dallas employment lawyers at Clouse Dunn Khoshbin LLP at [email protected].


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