“As a pharmacy technician for a large corporate entity, plaintiff had virtual no ability to exert influence over her employer. For instance, all the terms of her employment were laid out unilaterally in an employee handbook published by her employer. For similar reasons, the court also finds plaintiff had no opportunity to negotiate the terms of her contract . . . . Although plaintiff began her employment with Fred’s Stores on August 20th, 2014, plaintiff did not receive or otherwise sign a handbook statement until October 28th, 2014. Therefore, the terms to which she ‘voluntarily’ and ‘knowingly’ agreed to by signing the handbook statement were not likely dickered before her employment commenced. Rather, it appears she was left with the unsavory decision of either agreeing to the employer’s terms post hoc or facing possible termination. There is also no evidence plaintiff had any prior business or professional experience that could have informed her decision when signing the waiver. Nor was she represented by counsel when she signed away her rights to a jury trial. Therefore, the only sophisticated party to this transaction was her employer.” 2016 WL 3265451, at *2. (footnotes omitted).
Lenoir v. Fred’s Stores of Tenn., Inc., No. 1:15CV214-SA-DAS, 2016 WL 3265451 (N.D. Miss. June 14, 2016).