An employer asks an employee to sign a waiver releasing liability for a pre-existing condition. How is that waiver treated?

• A. This is acceptable
• B. This is not acceptable
• C. This is not enforceable
• D. This is against public policy

Answer: (C)

The idea being tested is that a waiver attempting to release an employer from liability for a pre-existing medical condition is generally not enforceable. In California, contracts that try to bar or waive liability for harm caused by an employer’s negligence or for injuries related to work are void as a matter of public policy. An employee cannot be asked to sign away rights to seek redress for injuries or conditions that may arise from the employer’s duties or negligent acts. So, even if the employee signs such a waiver, it would not be enforceable against the employee or in court, and the employee would retain the right to pursue remedies.