Brooklyn, NY asked in Employment Discrimination, Employment Law and Legal Malpractice for New York

Q: Is it legal for employers to find a way to kick out their employees or push them out so that they can leave ???-help

Need info on department of labor laws or employment laws

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

A: If you do not have a specific term of employment agreement (i.e. Jan 2020 thru Jan 2021) nor do you have a union collective bargaining agreement that protects everyone in the union nor do you work for the government then chances are pretty high that you are "at will".

Being "at will" means you can leave or the employer can ask you to leave at any time. No notice, no reason, no explanation needed.

Many employees are surprised to learn that the common law Master Servant Doctrine is good law. If an employee is not servingbtheir employer faithfully or loyally or does something that looks like they are no longer committed to working there then no hard feelings. Either employer or employee can end the relationship. No reason needed.

It's similar to no fault divorce in many ways. No one wants to be stuck married to someone they dread seeing every morning and neither should an employer or employee dread seeing each other every time a shift starts. Bad vibes decrease productivity.

So the law does make sense. Not happy in either relationship means either side can call it quits.

So if any employee is not pleased to get a paycheck from their employer, the start of a new year is a great time to move on and find new partners whether at work or in relationships of any kind. Most of us spend more time at work than anyplace else. Why be miserable?

If you were not allowed to move on or if an employer was forced to keep you (except when a contract requires them to do so) would that not be called forced labor?

Either side can make it a Happy New Year!

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