Legal Question in Employment Law in New York

Is this employee now considered permanent?

A former supervisor worte an employee a letter which stated that she would offer a full time position on the 3:30 - 11:30 shift. Upon satisfactory completion of a probation period, she would be given this position permanently. She then asked the employee to decide to accept this offer by a certain date.

My question is threefold...is this employee now permanent? Is she permanent on that shift? Legally, where do we as employers stand with this individual?

Thank you for your help.


Asked on 4/26/99, 9:28 am

1 Answer from Attorneys
Steven Modica Modica & Associates

Re: Is this employee now considered permanent?

Assuming you are not in a unionized environment, there is no practical meaning to the term "permanent." In New York, if you do not have an employment contract, you are considered to be an "employee-at-will." This means that an employer can terminate your employment for any reason, no reason, good reason or bad reason.

Thus, the employer has just the same "right" to end their relationship with you both before and after you become "permanent." I hope this answers your question.

Steven Modica

Modica & Associates

1777 English Road, Suite Two


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Answered on 4/27/99, 8:38 pm


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