Legal Question in Employment Law in New York

I am a director at a company and after 10 months of employment , my company is requiring that I sign a contract providing 3 months notice at the point of resignation. Any way out of signing?


Asked on 2/16/14, 12:31 pm

1 Answer from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking, New York is an employment at will state which means that a company can dismiss any employee for any reason as long as it is not discriminatory or against other laws. At the same time, an employee can resign for any reason and at any time. Therefore, an employee who does not have an employment agreement is an employee at will

Provided you do not have an existing employment agreement, by not signing a proposed agreement the company could possibly choose to dismiss you. At the same time, when the company is asking you to sign the agreement, in effect they are asking you to sign a type of employment agreement.

The general recommended course of action for executive employees, including directors, is to have an attorney review any employment agreements.

I can assist with this matter. Please contact me at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7


Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.


IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein.

Read more
Answered on 2/19/14, 10:13 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York