My daughter, who put her heart and soul into her position as licenser at EMI publishing since being hired more than 2 years ago was just fired by Sony within days of its takeover. My udnerstanding is that some 67% (or more) of all EMI employees are being shit-canned in this deal. She has been offered seven weeks severance (instead of the base two weeks) to sign a waiver holding Sony harmless. What's the deal with that? Are there any NY laws on the books that would provide my daughter better remedies than the 7-week offer? Is there a law firm that would take on such a fight in a contingency arrangement?
State/Country relating to question: New York
Nothing. The action took place today.
Did she have a written employment agreement?
Probably not but I'm not 100% sure. I just put a call into her and got voice mail. Please stand by. Are there any remedies if no employment agreement?
No, not based on your facts. NY is an employment At Will state which means that an employer is free to terminate their employees so long as that Termination doesn't violate a written employment agreement or is not based on race, age, gender, etc.In a situation like this where there is a merger/acquisition with a massive Layoff it is extremely difficult to prove that she was terminated for an illegal reason so if there is not a written employment agreement then there is no lawsuit possible and therefore taking the 7 weeks severance is not a bad deal although she will want to make sure that the agreement doesn't prevent her from drawing unemployment in the future.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Employment Law Expert
Hi JD1992. This is an excellent and thoughtful answer and well appreciated. I will get back to you once I have more detail on the employment agreement question. My daughter remembers signing a document but not the details and now needs to find the doc (she'll be leaving early morning to visit us) so I'm not sure when I'll have those details. Meantime, I got a call from Amex indicating that they had refused the $52 charge because of security reasons (don't ask me why as I didn't really understand their explanation). Please let me know how to remake that payment as your time is worth at least that amount. I will also happily give you a very high rating.
I'll ask the moderator to look into the payment and see what you can do. Once you ACCEPT it then the question stays open for a week or so and you can come back to it when you get more info.
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