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"At will" employment vs employment contract

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rlrl

Member
Curious, I work in NY and am considered an "at will" employee. that means according to the NY state labor dept, you can be terminated for any reason, with or without cause, for any reason or for no reason at all, that an employee is not guaranteed a job just because they have worked at a place for an X number of years, etc etc and that in the abscence of an employment contract and the employee takes the employer to court, the courts in NY will uphold the "at will" laws.

I also notice that the NY labor dept site says that all employment in NY is considered to be at will unless the employee has an employment contract stating the terms and conditions that an employee can be fired under. if the employee violates any terms of the contract the employee can be terminated. however if the employee does not violate any terms of the contract but gets fired anyway, the employee can sue the employer in court.

At my job most like myself are at- will employees but some have contracts. In the past some whom I had assumed had contracts have been separated from the company. the boss usually never come out and said why they left but i recall on one instance they said the worker's job title was eliminated.

i am curious can an employment contract state that a worker who has a contract, if terminated, cannot collect unemployment insurance? i ask because i have been curious if past terminated workers with contracts were able to collect unemployment. i know under the at will system, if you are fired due to misconduct you cannot collect but can a contracted employee have their right to collect unemployment waived?
 


cbg

I'm a Northern Girl
An employee, with or without a contract, cannot waive their right to unemployment insurance and any such clause in a contract or agreement would be non-enforceable.
 

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