Jury Trial Waiver - Class and Collective Action Waiver

[mlatelcom]

Hello all,

I live in Arizona state. I recently got a new job and received a new hire package with documents that need to be signed. All of them are understandable; but there are two one in particular that I do not understand.
both of them say basically the same thing but change a few. Can someone explain me what they mean? Bellow are both documents:

1st Document
Acknowledgement of Mutual Jury Trial Waiver

Flextronics, lnc., its officers, directors, employees, representatives, funding sources,
affiliates, contractors, and/or other agents (“Flextronics&#8221 hope that your experience working with us is
rewarding and fun. We believe that employees who work in a positive environment provide better services to
our clients and their families, project greater enthusiasm for our mission, and help build a more successful
organization. Flextronics also believes that our internal grievance resolution procedures are able to
address problems that may arise between you and Flextronics. However, we recognize that despite
everyone’s best efforts, sometimes a matter cannot be resolved internally. In those rare circumstances,
judges considering individualized claims are often in the best position to fairly resolve these disputes.

By signing below, you are agreeing to a binding jury trial waiver that may be enforced by you or Southwest
Key. This agreement does not take away your right to sue or prevent you from filing a charge with a federal,
state, or local administrative agency. Rather, you are waiving your right to request or demand a jury trial and
agreeing that any claim you have against Flextronics that cannot be resolved internally will be resolved
by a judge.

Please be advised that a claim includes any dispute, controversy, lawsuit, or cause of action you may
have against Flextronics related to your employment or separation of employment. Please also be
advised that by entering into this agreement, Flextronics is also waiving its right to request or demand a
jury trial with respect to any claim between you and Flextronics.

Please note that this agreement does not alter the at-will employment relationship and shall not be
construed as a definite term of employment or a contract for employment. Further, if any provision(s) of this
agreement is/are found to be invalid, void, or unenforceable, then the remaining provisions shall continue to
be valid. This document shall be governed by and construed under the substantive and procedural laws of
the State of Texas without regard to principles of conflict of laws. Any lawsuit arising out of or relating to this
agreement shall be held in Travis County, Texas.

By signing this document you agree and understand that: (1) you have read this document, have
been offered or may request a copy of this document, have been given an opportunity to ask
questions about this document or consult any person(s) of your choosing about this document; (2)
by continuing to work for Flextronics and accepting this offer, you understand that any lawsuit
between you and Flextronics will be decided by ajudge rather than a jury; and (3) you have signed
this document knowingly, intelligently, voluntarily, free from duress or coercion, and after being
given time to give it due consideration.

2nd Document
Acknowledgement of Mutual Class and Collective Action Waiver

Flextronics, Inc. its officers, directors, employees, representatives, funding sources,
affiliates, contractors, and/or other agents (“Flextronics&#8221 hope that your experience working with us is
rewarding and fun. We believe that employees who work in a positive environment provide better services to
our clients and their families, project greater enthusiasm for our mission, and help build a more successful
organization. Flextronics also believes that our internal grievance resolution procedures are able to
address problems that may arise between you and Flextronics. However, we recognize that despite
everyone's best efforts, sometimes a matter cannot be resolved internally. In those rare circumstances,
considering claims on an individualized basis is often the best manner to fairly resolve these disputes.

By signing below, you are agreeing to a class and collective action waiver that may be enforced by you
or Flextronics. This agreement does not take away your right to sue or prevent you from filing a charge
with a federal, state, or local administrative agency. Rather, you are agreeing that any proceedings to resolve
or litigate any claim will be conducted solely on an individual basis, and not as a class action or otherwise
pursuant to class, collective action, or comparable procedures.

Please be advised that a claim includes any dispute, controversy, lawsuit, or cause of action you may
have against Flextronics related to your employment or separation of employment, Please also be
advised that by entering into this agreement, Flextronics is also waiving its right to a class or collective
action with respect to any claim between you and Flextronics.

Please note that this agreement does not alter the at—will employment relationship and shall not be
construed as a definite term of employment or a contract for employment. Further, if any provision(s) of this
agreement is/are found to be invalid, void, or unenforceable, then the remaining provisions shall continue to
be valid. This document shall be governed by and construed under the substantive and procedural laws of
the State of Texas without regard to principles of conflict of laws. Any lawsuit arising out of or relating to this
agreement shall be held in Travis County, Texas.

By signing this document you agree and understand that: (1) you have read this document, have
been offered or may request a copy of this document, have been given an opportunity to ask
questions about this document or consult with an attorney about this document; (2) by continuing to
work for Flextronics and accepting this offer, you understand that any lawsuit between you and
Flextronics will will be decided on an individual basis and not as part of a class or collective
action; and (3) you have signed this document knowingly, intelligently, voluntarily, free from duress
or coercion, and after being given time to give it due consideration.

 

[eerelations]

It means that if you accept a job with this employer you agree that if you ever sue the company at any time in the future, you will sue on your own (i.e., not as part of a class action lawsuit), and you will have said suit decided by a judge, not a jury.

 

[LdiJ]

It means that if you accept a job with this employer you agree that if you ever sue the company at any time in the future, you will sue on your own (i.e., not as part of a class action lawsuit), and you will have said suit decided by a judge, not a jury.

I agree. However, while I understand the "no class action" waiver I do not get the "no jury trial" waiver at all. I think that part is a little paranoid...LOL.

 

[mlatelcom]

Thank you very much for your prompt replay!

It means that if you accept a job with this employer you agree that if you ever sue the company at any time in the future, you will sue on your own (i.e., not as part of a class action lawsuit), and you will have said suit decided by a judge, not a jury.

What are the advantages or disadvantages for me as an employee?Also what is the purpose of separating both documents if they both have same meaning?

 

[mlatelcom]

You are right!

I agree. However, while I understand the "no class action" waiver I do not get the "no jury trial" waiver at all. I think that part is a little paranoid...LOL.

That part is actually what made me write here!It's scary lol

 

[LdiJ]

That part is actually what made me write here!It's scary lol

Neither are anything to be scared about. The odds of a class action lawsuit ever coming up are slim to none, and generally result in very little money for an employee. The lawyers tend to get most of it. One is often better off suing individually.

As far as the judge vs the jury trial is concerned, that is not really a big deal either. Judge's make good decisions and if they don't they can be appealed. I think that somebody high up in that company lost a jury trial or worked for a company that lost a jury trial and believed that they wouldn't have lost it if a judge had ruled...so they are paranoid. I actually find it amusing.

 

[westside]

As far as the judge vs the jury trial is concerned, that is not really a big deal either. Judge's make good decisions and if they don't they can be appealed. I think that somebody high up in that company lost a jury trial or worked for a company that lost a jury trial and believed that they wouldn't have lost it if a judge had ruled...so they are paranoid. I actually find it amusing.

Is it also possible that the employer fears a "ridiculous" award from a jury as opposed to from a judge?

OP, companies write agreements for their benefit, not yours. Is this something that would make me reconsider my decision to work for this company? Probably not, but your mileage may vary.

 

[LdiJ]

Is it also possible that the employer fears a "ridiculous" award from a jury as opposed to from a judge?

Yes of course that would be part and parcel of the whole thing.

OP, companies write agreements for their benefit, not yours. Is this something that would make me reconsider my decision to work for this company? Probably not, but your mileage may vary.

Neither of those items would bother me.

 

[Stephen1]

As I read your two documents, they are not two documents with the same meaning.

First, no jury trial. This applies to any court case you and the company are involved in. So if the company wrongs you and the problem isn't resolved internally you may sue. No jury just the judge is involved. The issue might involve you and only you.

Second, if someone files a class action against the company you can't join it. You could sue on your own. I looked up what some sites believe are advantages of class actions:
- A class action may provide the only means of judicial relief for individuals, especially for small claims involving complex issues that would be expensive to litigate
- The benefits from a strengthened negotiating position
- Generally there is no payment or risk of legal fees – if the class wins, the lawyer gets a contingency fee; if the class loses, the lawyer generally gets nothing
- There is a tolling or suspension of the limitation periods during the lawsuit for asserted class members who have not opted out to file an individual lawsuit
- It may serve to consolidate numerous court actions into one, thereby relieving the burden on courts and avoiding inconsistent judgments
- Litigation costs can be lowered by aggregating small claims
- It can attract superior legal talent to represent the representative plaintiff

So now your choice seems to be whether to sign the papers with this employer and give up certain rights or look for another job. Or, you could sign AND look for another job. It's nice to have a paycheck while job hunting.