The term waiver refers to the legal relinquishing of a right or claim, even though it may be permitted under the law. This term most commonly indicates a release from liability in exchange for consideration in the employment arena. The confusing part about this is that employers will often tack on the word “waiver” to forms that are not waivers at all. An example of such deceptive paperwork would be an FMLA form or a designating form — both of which create legal rights and obligations where there were none before. However, since employees rarely challenge such papers as they believe they are merely signing away their right to sue, employees do sign these papers without understanding them or their consequences.
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