Employee Negligence Waivers Violate Public Policy

In a case of first impression, the Connecticut Supreme Court ruled that an agreement between an employer and employee precluding the employee’s right to bring a negligence claim against the employer is void as a matter of public policy. Brown v Soh, 280 Conn. 494 (2006). In this case the Skip Barber Racing School required its employee instructors to sign exculpatory agreements, which waived their right to bring suit against Skip Barber even when the School’s negligence caused them injury.

In making its determination that exculpatory agreements in the employment context violate public policy, the Court relied on a number of factors. It noted that workplace safety and compensation for workplace injuries are areas subject to public regulation; employer insurance or self-insurance is mandatory, and employers cannot contract away their statutory obligations; employers possess a decisive advantage in bargaining strength, and exculpatory agreements are typically standard “take it or leave it” adhesion contracts; and employers control the details of work performance and should not be allowed to shift the risk to the weaker party. The Court was unpersuaded by the employer’s argument that the employees here were professional race car drivers who could reasonably assess the risks.

While the Connecticut Workers’ Compensation Act provides an exclusive remedy for most workplace injuries, a narrow exception permits separate suit where the injury is caused by an employer’s intentional tort, or its willful or serious misconduct. Any attempt to prevent these suits through execution of an exculpatory agreement now violates public policy.