Unemployment Qualification?

[DI&JR 1]

New York is an employment-at-will state, so an employer doesn't have to give a reason for termination...............

Again, please excuse my ignorance of the U.S. employment laws, but what exactly do you mean by "employment-at-will?" Are you saying that employers in New York can simply turn around one day and say to any random employee: "you're fired???" And give no reason??? Is there not an HR procedure to adhere to (i.e. verbal warning, written warning, and final written warning before termination)? Any unfair dismissal laws employees can utilise through the courts? ANYTHING??????

Well, the short answer is the employment-at-will means that neither the employer nor the employee have to give a reason for termination of their work relationship, as long as it is consistent with the law.

PS, IANAL! Though I do handle some HR issues and the question has come up. I can't speak for New York employers, and especially, I think, it depends on the type of company, but the university where I work does have policies and procedures to follow for terminations. A smal, family-run shop probably does not, but I bet Macy's or Bloomingdale's does...

Something else I thought of, we have provisional periods of employment, 3 and 6 months, depending on the grade; if an employee does not successfully complete this period, they can be terminated - though that too, requires documentation of performance during the provisional period.

[Damian P 92]

Well, the short answer is the employment-at-will means that neither the employer nor the employee have to give a reason for termination of their work relationship, as long as it is consistent with the law.

PS, IANAL! Though I do handle some HR issues and the question has come up. I can't speak for New York employers, and especially, I think, it depends on the type of company, but the university where I work does have policies and procedures to follow for terminations. A smal, family-run shop probably does not, but I bet Macy's or Bloomingdale's does...

Something else I thought of, we have provisional periods of employment, 3 and 6 months, depending on the grade; if an employee does not successfully complete this period, they can be terminated - though that too, requires documentation of performance during the provisional period.

We have the provisional period thing here to (it's known as a "probationary" period) and the standard here is 3 months. But over here, if your employee isn't cutting the mustard, you'd better make damn sure you fire his/her ### before that 3 months is up, because it's nigh on impossible to get rid of them thereafter! In fact, since the new raft of employment legislation was signed into law a few years back, it's gone too far in the employee's favour in my opinion. I'm all for workers' rights, but at the same time, the tail should never be allowed to wag the dog.