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My friend is asked to sign a probation memo after being

employed 3 weeks, the terms...
My friend is asked to sign a probation memo after being employed 3 weeks, the terms of her job acceptance were not well defined ......should she sign the memo or let them provide all the documentation if theyb want to terminate her?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Is the employment agreement "at will," union, full time or part time?
Customer: NY, Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
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Answered in 3 minutes by:
9/13/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,377
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your friend's situation. It depends upon whether she wants to retain the job or not. You see, New York is an at will employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

So even though the terms of employment were not well defined, the fact is that they don't have to be, and probation, discipline, etc... is entirely up to the discretion of the employer. I agree that it's unethical, immoral, and illogical, but not illegal. Now if they terminate her for this then she still should be able to recover unemployment, but it's best for her to show good faith in trying to comply with their policies (even if not well defined) so signing or at least showing an attempt to comply would be best. It's almost certainly necessary if she wants to keep the job.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,377
Experience: Licensed Texas General Practice Attorney
Verified
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Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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