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An employee was suspended pending discharge for sleeping and "loafing" on the job. The employer offered to change the penalty to suspension without pay if the plaintiff would sign a "last chance agreement" under which he waived and released "any claims, suits, or causes of action" against the defendant. The employee refused to sign because he was unwilling to waive his rights to state unemployment benefits or workers' compensation. Under state statute, agreements to waive such rights are invalid. The employee is discharged. Can he successfully challenge the discharge? Why or why not?

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