If an employer wants an employee to sign a waiver for a pre-existing condition, what should you advise?

The reasoning behind why the choice indicating that the waiver is not enforceable is the correct answer lies in the legal framework surrounding waivers of pre-existing conditions in workers' compensation claims. In California, waivers for pre-existing conditions often lack enforceability because they may be viewed as attempting to limit an employee's rights under the Workers' Compensation Act. The law aims to protect workers from losing benefits they are entitled to due to pre-existing conditions, making it clear that an employee cannot waive those rights through a signed document.

Also, it’s important to note that waivers must meet specific legal conditions to be enforceable. Typically, they require clear understanding and voluntary consent, and many such waivers won't hold up in court if they are deemed to violate employee protections.

Other options, such as stating that the waiver is legally binding or that the employee should sign it without questions, overlook the intricate legal protections provided to employees under workers’ compensation law. It's critical that employees understand their rights fully, and signing a waiver without questions would go against that principle. Advising that the waiver be reviewed by an attorney may be prudent, but ultimately it does not address the enforceability of the waiver itself, making it secondary to the understanding that it generally may not hold up