Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My friend is asked to sign a probation memo after being

My friend is asked...

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?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

NY, Full time

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
9/13/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
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!

Ask Your Own Employment Law Question

Did you have any other questions before you rate this answer?

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
18,161 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

18,161 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
A friend of mine was given a job termination notice from a
A friend of mine was given a job termination notice from a city college (after 6 years in a union job), but was "offered" to sign a settlement in which she will agree to resign at end of July. The Set… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
This question is on behalf of another employee. The employee
This question is on behalf of another employee. The employee was hired 6 months ago as an exempt employee for a large company in Maryland. The employee has been on probation during that time. A career… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Hello: I'm in the state of NY and was terminated on Wednesday.
Hello: I'm in the state of NY and was terminated on Wednesday. Can an employer pay one terminated employee a different amount over another. Noting the company does not have a severance policy in place… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hi, I got laid-off eliminated from an inside sales position
Hi, I got laid-off eliminated from an inside sales position in January in NY state and in March I found a part-time job in NJ for what I thought was 8 hours a day for 3 days a week but after I signed … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I live in Texas. I was hired part time for a small (1 person)
I live in Texas. I was hired part time for a small (1 person) Marketing and advertising firm. After approximately 5 months I was moved from part time to full time and placed on Salary. On the date of … read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
Our company was acquired by a new company today and I am the
Our company was acquired by a new company today and I am the National Sales Manager, the new company is requiring me to sign a Non-Compete document that for any reason I am no longer employed by the n… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
Hi. I run a small dental office in New Mexico. I hired a new
Hi. I run a small dental office in New Mexico. I hired a new employee as lincensed dental assistant. During her first 3 month probationary period, she managed to screw up every thing. She was incompet… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
My boss is putting me on probation because he is saying that
My boss is putting me on probation because he is saying that I haven't peformed to his standards in my job which is not true. He had a document printed out detailing what he would like me to do to mee… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
14,672 satisfied customers
Hello again, Regarding this same memo. The pharmacy manager
Hello again, Regarding this same memo. The pharmacy manager wants all employees to sign the memo at both pharmacy stores. If they don't sign it she says it is grounds for dismissal/termination. She ha… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I own a small company in Long Island, NY, and have an employee
I own a small company in Long Island, NY, and have an employee that has recently started her own business (unrelated to mine) and has since been less than a model employee. She has used all of her vac… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have been managing a business since October. The business
I have been managing a business since October. The business has been for sale for quite some time just recently the owner had some people put money down on the place. He calls and has me show them the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
May 19 Contacted by AHSG (American Hospital Services Group) Recruiter, Jonathan Bandel,
May 19 – Contacted by AHSG (American Hospital Services Group) Recruiter, Jonathan Bandel, in regards XXXXX XXXXX part-time LPN position at Andrews AFB. This part-time opening was only available becaus… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
My daughter works for the county of Brevard in the state Florida
My daughter works for the county of Brevard in the state Florida as a clerk of the court. She was notified at a meeting yesteday morning that her job was being outsourced to a private company. She was… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was asked to sign an Agreement and Release memo ending
I was asked to sign an" Agreement and Release" memo ending my employment. It includes last day 1/7 My severance payment PTO pay out cobra info I had them take out resign my postion because I didn't. T… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
14 satisfied customers
In April this year, my niece experienced sexual harrassment
In April this year, my niece experienced sexual harrassment by her employer. The nature of the harrassment was derogatory comments on her appearance, weight. This is a small company, my niece complain… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Is anyone there that can answer a question regarding unfairly
Is anyone there that can answer a question regarding unfairly "fired" from a position I was not properly trained to do?… read more
Employment Lawyer
Employment Lawyer
Attorney
Doctoral Degree
311 satisfied customers
I was employed with a company for 10 part time daily rate ...
I was employed with a company for 10 part time daily rate and 3 years full time. I was terminated July 15, 2008. I signed a contract saying I would accept what labour standards apply if terminated wit… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
An employee gives a two week notice. Fulfils one of those ...
An employee gives a two week notice. Fulfils one of those weeks, and the employer informs the employee that it is not necessary to fulfil the last week. Is the employer required to pay that employee f… read more
Flagbridge-EL
Flagbridge-EL
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x