On June 19, 2014, in Rodriguez v. Raymours Furniture
Co., 436 N.J. Super. 305 (App. Div. 2014), the New Jersey Appellate
Division held that a contractual provision contained in an employment
application that shortens the statute of limitations applicable to claims
against the employer is enforceable.
In the case, plaintiff Sergio Rodriguez applied for a
position at Raymours Furniture Co., a retail furniture company. On the application form, immediately above
the signature line, there was bold-faced, large print, capitalized language
indicating that the applicant was waiving the statute of limitations applicable
to claims or lawsuits against the company and, instead, would be required to
file any claim within six months of the date of the action. The plaintiff was hired and, several years
later, was laid off during a company-wide reduction in force (“RIF”).
The plaintiff initiated a lawsuit against Raymours nine
months after the RIF. The trial court granted
Raymours’ motion for summary judgment, finding that the plaintiff filed his
lawsuit outside of the contractual time period of six months. The Appellate Division affirmed. The panel found that the language was clear
in its terms, was conspicuously placed on the application, was reasonable, and
was not contrary to any public policy.
In light of this opinion, employers may want to consider
including a statute of limitations waiver in their employment
applications. For assistance in drafting
this language or other employment policies, please contact Connell Foley’s labor and employment law attorneys.
