Merrick, NY asked in Employment Law and Employment Discrimination for New York

Q: Can I not ask back an hourly employee for next year?

We run an after school program and pay our employees hourly. Their employment ends when the school year ends. We ask them if they want to come back for the following year. Can I not ask someone to come back or tell them that we do not want them back? Is it technically not firing them or am I obligated to ask them to continue working the following year?

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: Employment at will is the law unless:

An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).

If you receive government monies you definitely should retain or consult an employment lawyer.

Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.

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