I was given a lay off agreement for a May separation date, can they fire me before the separation date?

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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 9 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.


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