Opinion
May 12, 1997
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is affirmed, with costs.
Absent an agreement establishing employment for a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party ( see, Sabetay v Sterling Drug, 69 N.Y.2d 329, 333; Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458). Here, the plaintiff failed to allege anything more than an employment at will. There was no evidence in the record of a written contract of employment. Moreover, the "Personnel Policy and Procedure Manual", upon which she claims to have relied, enumerated several reasons for dismissal including unfitness, incompetence, and mental and physical disability. It did not, however, limit the defendants' right to discharge an employee at will to just and sufficient cause only ( see, Baker v Citibank, 178 A.D.2d 627; see also, Scheiber v. St. John's Univ., 195 A.D.2d 544; Wexler v. Newsweek, Inc., 109 A.D.2d 714). Thus, the plaintiff's employment could have been terminated at will and accordingly her complaint sounding in breach of contract and detrimental reliance was properly dismissed.
Mangano, P.J., Rosenblatt, Santucci and Joy, JJ., concur.