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ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17113
Experience:  Licensed Texas General Practice Attorney
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My friend is asked to sign a probation memo after being

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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

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.

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

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