A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Pennsylvania Harvey Waiver is a legal term used to describe a specific type of waiver in the state of Pennsylvania that releases an employer from liability for certain workplace injuries. The Harvey Waiver is named after the landmark Pennsylvania Supreme Court case, Harvey v. Druids, which established the rules and conditions surrounding this type of waiver. Under the Pennsylvania Harvey Waiver, an employee voluntarily agrees to waive their right to sue their employer for injuries that occur due to the employer's negligence or unsafe working conditions. However, it is important to note that not all workplace injuries are covered by this waiver, and there are specific criteria that must be met for it to be valid. To be considered valid, a Pennsylvania Harvey Waiver must meet the following requirements: it must be in writing, clear and unambiguously state that the employee is giving up their right to sue the employer for injuries, be supported by consideration (such as additional compensation or benefits), and not violate any public policy. There are different types of Pennsylvania Harvey Waivers that may arise in various situations, including: 1. Employment contracts: Employers may include a Harvey Waiver clause within the terms and conditions of an employment contract, effectively requiring employees to agree to the waiver as a condition of their employment. 2. Settlement agreements: In cases where an employee has already filed a lawsuit or workers' compensation claim against their employer, a Harvey Waiver may be included in a settlement agreement. By accepting the settlement, the employee agrees to give up their right to pursue further legal action related to the injury. It is important to consult with a qualified attorney regarding the specifics of a Pennsylvania Harvey Waiver, as the legal requirements and implications can vary depending on the circumstances. Employees should ensure that they fully understand the waiver and its potential impact on their rights before signing any agreement.Pennsylvania Harvey Waiver is a legal term used to describe a specific type of waiver in the state of Pennsylvania that releases an employer from liability for certain workplace injuries. The Harvey Waiver is named after the landmark Pennsylvania Supreme Court case, Harvey v. Druids, which established the rules and conditions surrounding this type of waiver. Under the Pennsylvania Harvey Waiver, an employee voluntarily agrees to waive their right to sue their employer for injuries that occur due to the employer's negligence or unsafe working conditions. However, it is important to note that not all workplace injuries are covered by this waiver, and there are specific criteria that must be met for it to be valid. To be considered valid, a Pennsylvania Harvey Waiver must meet the following requirements: it must be in writing, clear and unambiguously state that the employee is giving up their right to sue the employer for injuries, be supported by consideration (such as additional compensation or benefits), and not violate any public policy. There are different types of Pennsylvania Harvey Waivers that may arise in various situations, including: 1. Employment contracts: Employers may include a Harvey Waiver clause within the terms and conditions of an employment contract, effectively requiring employees to agree to the waiver as a condition of their employment. 2. Settlement agreements: In cases where an employee has already filed a lawsuit or workers' compensation claim against their employer, a Harvey Waiver may be included in a settlement agreement. By accepting the settlement, the employee agrees to give up their right to pursue further legal action related to the injury. It is important to consult with a qualified attorney regarding the specifics of a Pennsylvania Harvey Waiver, as the legal requirements and implications can vary depending on the circumstances. Employees should ensure that they fully understand the waiver and its potential impact on their rights before signing any agreement.
