Got let go from my job with no warnings , is this ok by law?

Question

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

Answer 1

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.

Answer 2

In most applications (when filling them out) you should read the fine print as to when they say that they can let you go or fire you at anytime with no reasons behind them. All applications should have it and it is in most states that they have this. They (by law) can do this. I have never been let go from a job but I can say this from management experience that it had to be a reason. It might have not been the best of reasons and you could have been bullshitted the whole time. It is legal. I am sorry for your loss of employment and I hope all works out for you and your family.

Answer 3

First of all, don't assume the problem was you. I was once let go from a job myself, given the same BS reasons (after an excellent review and several company awards). Guess who replaced me? My supervisor's sister.

7 weeks severance and 1 month of benefits for only 9 months of employment is EXCELLENT.

Go to the unemployment office tomorrow, and file for benefits b/c it takes 30 days to receive them and start pounding the pavement for another job.

If someone asks why you let your job, your answer should be you were layed off...fired people don't get severance packages.

Answer 4

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.

Answer 5

There are federal laws that protect employees from this sort of thing which circumvent any state statutes.

Contact the state department of labor. The 7 weeks pay only if you sign away the right to sue sounds real illegal.

Get attorneys involved.

Answer 6

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.

Answer 7

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.

Answer 8

if you signed away your right to sue , your next best step is to get another job . by the way , did it occur to you that they were having you sign that paper 'cause you could sue ? in the state i live in , which is also an employment at will state , if you are an hourly employee , they can not have you sign agreements without representation (generally a union) . if you're salary , oh well

Answer 9

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Answer 10

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.