Opinion
May 11, 1990
Appeal from the Supreme Court, Erie County, Sedita, J.
Present — Denman, J.P., Balio, Lawton and Lowery, JJ.
Order unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiff was given an oral offer of employment, completed no employment application, and neither was offered nor asked for a written contract of employment. This offer of employment for an unspecified period of time constitutes a hiring at will (see, Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 300; Arentz v. Morse Dry Dock Repair Co., 249 N.Y. 439, 443-444; Kotick v. Desai, 123 A.D.2d 744; Gould v. Community Health Plan, 99 A.D.2d 479). Plaintiff's alleged reliance upon verbal assurances by defendant's president "that anybody that was doing his job has employment as long as he wants" is insufficient to alter his at-will status (see, Hill v Westchester Aeronautical Corp., 112 A.D.2d 977, 978). Plaintiff's reliance upon the job security provisions of the union collective bargaining agreement is misplaced. The agreement does not apply to plaintiff because, as a management employee, he is specifically excluded from its coverage (see, Lagenor v. Weed, 127 A.D.2d 970). Because plaintiff is not a beneficiary of the agreement, he cannot seek protection under its terms (see, O'Connor v. Eastman Kodak Co., 65 N.Y.2d 724, 725).