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New Jersey Supreme Court Questions Enforceability of Contractual Time Limits on Employees’ Rights to Sue

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On December 1, 2015, the New Jersey Supreme Court held argument in Sergio Rodriguez v. Raymours Furniture Co. Inc.   The primary issue in this appeal is whether a contractual provision contained in an employment application that shortened New Jersey’s 2 year statute of limitations for discrimination claims to  six months is enforceable. The trial court rejected the employee’s unconscionability argument. The court found that the provision was clear in its terms, was conspicuously placed in the application form, and was reasonable and not contrary to any public policy.  The Appellate Division upheld the dismissal, and the Supreme Court of New Jersey will soon decide whether these types of contractual limits on employee lawsuits are enforceable in New Jersey.  Continue Reading