An employee signed an employment application form that included the following: “I agree that any action or suit against the firm arising out of my employment or termination of employment, including but not limited to claims arising under the state or federal civil rights statutes, must be brought within 180 days of the event giving rise to the claims or be forever barred. I waive any limitations periods to the contrary. I further agree that if I should bring any action or claim arising out of my employment against the firm in which the firm prevails, I will pay to the firm any and all costs incurred by the firm in defense of said claims, including attorney fees . . . .” The quoted provisions were not part of any arbitration agreement. The employee sued the employer under the Family and Medical Leave Act (FMLA). The normal limitations period for FMLA claims is two years (three for willful violations). The employer argued that the employee was contractually bound to the shorter limitations period and that the court should dismiss the case. What should the court decide? Why?