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| *Ostroff, Fair and Company>>>Law & Legal |
Got let go from my job with no warnings , is this ok by law? |
I got let got from my job after 9 months . I passed the 6 month probationary time period. I was leaving for 2 weeks vacation and as I was leaving they call me into HR and all my boss says is "We are letting you go " . Have a good vacation. They give me 7 weeks salary and 1 month benefits ( I am 40 years old and this is in NY city) I ask why and he says performance. Your not working out . I never got a warning and never written up and had no clue. I ask " Why did you never say anything to me " If there was something i could have worked on" and says "Just isnt working out" One friend says they should do more for me since they are fireing me with no warning ( AS I walk out the door to vacation that I cant afford to go on now) andto see an employment attorney and the other says NY is a fire a will state and I have no recourse . I am kind of mad and glad they gave me 7 weeks pay ( AS long as I sign away my right to sue in the future) but still I have a family. Anyone with experiance In plain English, the Employment At-Will Doctrine means that employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee under the doctrine, you may quit your job whenever and for whatever reason you want, usually without consequence. In turn, at-will employers may terminate you whenever and for whatever reason they want, usually without consequence. Either party may end the relationship without prior notice, but neither party may breach contracts. Since you did not sign an employment contract, they did nothing wrong. They actually, didn't have to give you severance. The employment "at will" status of the state of NY protects your employer. You are employed at their "will." And, conversely, you are fired "at will." Take the money, use the vacation time to get another job, and kiss that place goodbye. Sorry. were you using too many personal and sick days? were you late a lot with no excuse? were you screwing up often? unfortunatetly even if you did everything perfect they CAN fire you for no reason. If you were a white male you'd have AA to fall back on at least. Unless it is a union job or you have a binding contract, they are allowed to fire you whenever they please. Not nice - but it is the employer's right. I wish you the best - that really stinks. They did more than they had too by giving you a severance of seven weeks pay. You can file for unemployment, and you will likely collect as they have nothing in your file that probably cause you to be denied unemployment benefits. Skip the vacation and start job-searching. Good luck -- hope it all works for you. If New York State is an "at will" employment state, you should probably count your blessings that you received severance. If it is not an "at will" employment state, it may be an entirely different matter. Check with your local state unemployment office and perhaps they can shed some light on your situation. Otherwise it might pay to consult an employment lawyer. The "at will" aspect allows them to terminate you without cause. There is very little that you can do about it unless you could prove that discrimination of some sort was behind them letting you go (then you could sue through the EEOC). If no discrimination provable, I'm afraid that you are just out of a job. Take the money, look for a new job, and file for unemployment. |
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