Legal Question in Employment Law in New York

Dismissal prior to resignation.

Simply, I've discussed resign within 2 months with my supervisor to help the transition flow smoothly to my replacement. Her supervisor, who is the Vice-President residing over NYC Midtown Asset Management for a large coorporation, is accelerating the process and seeks either my resignation or to terminate me more quickly than 2 months. I believe this is unfair because my supervisor disclosed our own informal discussions and that I shouldn't be fired simply because I've discussed resigning in the near future. I don't know my legal rights, however. Please clue me in as to whether I have any.


Asked on 11/06/00, 10:31 am

1 Answer from Attorneys

David Wright Law Offices of David Wright

Re: Dismissal prior to resignation.

Assuming you don't have a specific employment agreement, or union coverage, or civil service, looks like you have very few rights here. Generally, "employment at will" doctrine in NY is pretty harsh on employees, allowing termination for any reason -- or for no reason, absent some proscribed motivation like race creed color etc. You might want to discuss all the facts with an attorney, but on the face of it, it looks pretty tough.

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Answered on 11/23/00, 8:29 am


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