I was given a lay off agreement for a May separation date, can they fire me before the separation date?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I was given a lay off agreement for a May separation date, can they fire me before the separation date?
Asked on March 22, 2012 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would likely be considered a violation of the lay-off agreement to fire you before the separation date unless you are terminated for cause. (Actually terminated for cause; not just a pretext.) That is, if you do one or more of the acts which would constitute just grounds to terminate you "for cause" and deny you unemployment--such as violations of company policy; unauthorized absenteeism; sufficient insubordination; commiting some criminal act at or in the course of work; etc.--then the employer would likely terminate you advance and not pay you per the agreement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.