What clauses do I find in an "At-Will Employment" contract?

lilis

New Member
Jurisdiction
New York
Hello,

I got hired from a company in New York City that wants me to sign off a contract where , in case of termination before the 5 month terms (established by the employer), I may have to pay a penalty of 1 year of my gross salary.

I entered the company with an H1B visa, as an entry level position (basically customer service and back office administration) with a basic salary (less than $40000 per year).

I thought that H1B holders don't have to sign any contract in New York state, since the law establishes at-will employment.

How am I supposed to reply to the request to sign?
Is it something legal asking for penalty if I want to leave the company before an established amount of time?

thanks

Hello,

My employer wants me to sign off for a non-competition clause.

I have a H1B visa, and I've entered the company as entry level, with a low salary.
My tasks are mainly related to the back office, customer service and issuing invoices to client.

Aren't Non-competition clauses just for executive and higher positions in a company?

Can I ask the employer to pay me more if he wants me to sign?
What kind of negotiation should I make?

thanks

Hello,

I would like to know how exactly a contract "at will" should be presented to an employee by a company, and if there are some clauses that shouldn't be included or considered as illigal?
(e.g. paying a penalty in case of termination)

thanks
 
An "at will" contract is unnecessary because all employees in NY are "at will" unless an employment contract or union contract says otherwise.

There is no penalty for firing an employee as long as it doesn't violate anti-discrimination laws.

Oh, and posting 3 different questions on essentially the same topic (employment) is annoying.
 
You might take any contract re consequences if terminating employment before a certain period of time is up or a non-compete contract to an employment or contract attorney for review & advice.

At-will employment just means you can be terminated at any time for any reason except for a reason prohibited by law (such as religion, race, gender....) or unless you have a binding employment contract to the contrary.
 
Back
Top