The validity of such a waiver is determined by examining if the employee was fully informed and voluntarily consented to the waiver without any fraudulent misrepresentation or undue influence from the employer. The principles of contract law generally require that a valid waiver should stem from a ‘meeting of minds’ where both parties understand and agree to the terms.
For example: An employee who is deceived into signing a waiver that they believe is a document for receiving equipment, when in fact it releases their right to sue for injuries, such a waiver would not be valid due to fraud.