Vitale v. Schering-Plough Corp.

In this appeal, the Court considers an employee’s agreement at the inception of his employment to prospectively waive third-party claims against his employer’s customers, in the event that he were to sustain injuries in a workplace accident at a customer’s facility.

Plaintiff Philip Vitale was hired by Allied Barton Security Services (Allied Barton) as a security guard. When it hired Vitale, Allied Barton required him to execute an agreement entitled “Worker’s Comp Disclaimer” (Disclaimer) as a condition of his employment. In the Disclaimer, Vitale agreed to “waive and forever release any and…