Understanding Your Rights: New York State Calling-Off Laws

New York State has a variety of laws in place to protect employees' rights. These include the right to sue employers under certain circumstances, such as discrimination or harassment, and the right to receive written notice from their employer upon termination. New York also offers paid time off for sick leave and safe leave, and employees can take up to 12 weeks off with pay under the Paid Family Leave program.

Employees' rights to sue employers

Employees in New York have a variety of rights and protections under state and federal laws. While the employment-at-will doctrine may seem to limit employees' ability to sue their employers, there are several situations in which legal action may be warranted. For example, if an employee has been discriminated against based on characteristics such as race, gender, age, disability, or religion, they may have grounds for a discrimination lawsuit under federal and state anti-discrimination laws. This includes protections for employees with an immigration status. Additionally, employees have the right to work in an environment free from harassment, including sexual harassment, a hostile work environment, or retaliation for reporting harassment. If an employer has failed to address harassment complaints or has retaliated against an employee for reporting such issues, they may be sued.

In terms of job termination, while a private-sector employer in New York is not required to have a good cause to discharge an employee, there are still protections in place for employees. For instance, it is illegal to be fired for whistleblowing, which involves disclosing an employer's activity, policy, or practice that is reasonably believed to be in violation of the law or a danger to public health and safety. If an employee believes they have been discharged for this reason, they can consult an attorney to determine whether legal action is appropriate. Furthermore, if an employee has a contract that limits the employer's right to fire them, they can check its terms and consult an attorney if they believe their discharge violates the contract.

Employees in New York also have rights regarding workers' compensation and disability benefits. Workers' compensation is a no-fault insurance system that provides benefits to employees who suffer work-related injuries or illnesses, regardless of fault. However, filing a lawsuit against an employer may impact an employee's ability to collect these benefits, as it may be considered an acknowledgment that the injury was not work-related. Similarly, if an employee requires disability accommodations, filing a lawsuit does not preclude them from seeking those accommodations under the Americans with Disabilities Act (ADA) or the New York State Human Rights Law.

Other rights of employees in New York include protections against misclassification, where employers treat employees as independent contractors, denying them their rights and benefits. Employees are also entitled to receive at least an hourly minimum wage and may be eligible for extra pay, such as overtime pay for working more than 40 hours a week. Additionally, employers in New York City must offer their employees a commuter benefits program if they have 20 or more full-time non-union employees. Furthermore, employees have the right to file claims or complaints without fear of retaliation, and there are specific procedures to follow if they believe their rights have been violated.

Whistleblowing

In New York, an employer can fire an employee without giving a reason, but not for a prohibited reason. Prohibited reasons for termination include discrimination on the basis of race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability.

New York State and federal whistleblower laws protect employees who disclose or threaten to disclose their employer's activity, policy, or practice that they reasonably believe is in violation of the law, rule, or regulation. This also includes situations that the whistleblower believes pose a substantial and specific danger to the public's health or safety.

The City's Whistleblower Law protects city employees from retaliation for reporting misconduct, corruption, criminal activity, conflicts of interest, gross mismanagement, and abuse of authority. To be protected by the law, city employees must make these complaints to the Department of Investigation (DOI) or the Scientific and Cultural Institutions (SCI), or to a member of the City Council, the Public Advocate, or the Comptroller, each of whom must refer the complaints to the DOI. The City Council amended the Whistleblower Law in 2007 and 2012 to further protect city employees who report certain conduct that presents a substantial and specific risk of harm to the health, safety, or educational welfare of a child. The 2012 amendment also protects officers and employees of contractors with a city contract valued at $100,000 or more.

In New York, laws protecting whistleblowers can be found in N.Y. Civ. Serv. Law §75-b, N.Y. Lab. Law §740, and N.Y. State Fin. Law §187. New York also has a False Claims Act that rewards employees who make disclosures regarding fraud against state taxpayers. If the government recovers money, the whistleblower who made it possible may be eligible for a financial award.

Discrimination

In New York, the State Human Rights Law serves as the comprehensive anti-discrimination statute, prohibiting discrimination based on specific protected classes in employment, housing, credit, public accommodations, and non-sectarian educational institutions. This law ensures that every citizen has an "equal opportunity to enjoy a full and productive life." It is unlawful for employers to discriminate against individuals in employment decisions because of their age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence.

Additionally, the New York State Education Department (NYSED) has its own Anti-Discrimination and Equal Employment Opportunity Policy, which applies to applicants, interns, employees, and participants. This policy prohibits discrimination in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, and fringe benefits. It also includes protection from harassment and retaliation for opposing practices believed to violate this policy.

If individuals believe they have been subjected to or witnessed discrimination, they can take several steps. They can contact the Civil Rights Bureau or refer to the list of resources for workers' rights. They can also file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), the NYS Division of Human Rights, or a local board, such as the NYC Commission on Human Rights (NYCCHR). In New York, individuals have the right to file a claim with the DHR within one year of the most recent act of alleged discrimination. For federal cases, individuals must file a charge with the EEOC within 300 days of the discriminatory act.

Paid time off

The New York State Sick Leave Law (NYSSLL) makes it mandatory for businesses with over five workers or a net income of $1 million to provide paid sick and safe leave to employees. Employees must be paid at the normal rate or the applicable minimum wage rate, whichever is higher. Under the paid time off law, employees in New York State accrue sick and safe leave at a rate of one hour off for every thirty hours worked. These laws apply to all private-sector employees, irrespective of their industry, occupation, or type of employment.

The paid time off for safe leave allows a qualifying employee to take time off if the employee or their family member has been the victim of domestic violence. The New York State Paid Prenatal Leave Law, which came into effect on January 1, 2025, also offers an additional 20 hours of paid sick leave for prenatal care to any privately-employed pregnant New Yorker, in addition to their existing sick leave.

New York Labor Law requires employers to provide employees with time off for jury duty. Under the law, employers must pay employees their regular wages (up to $40) for the first three days of jury duty. Employers are not required to pay for the remaining days spent on jury duty, but they cannot penalize employees for fulfilling this civic duty.

Offering paid time off for holidays or overtime is generally at the employer's discretion. However, employers offering holiday leave benefits must clearly communicate their holiday leave policies and comply with the terms of the employment contract. New York state does not mandate private employers to provide paid holidays.

References

New York is one of the few states that does not have any statutes specifically regarding references. Most states have passed laws giving employers legal immunity from defamation lawsuits. This means that the employer is not subject to liability and cannot be sued for information they provide to prospective employers, as long as the employer speaks honestly and does not go beyond the specific types of information laid out in the statute. However, New York does not offer this kind of protection, which means that employers in New York are not protected from defamation claims.

While New York does not have a statute protecting employers from defamation claims when they give a reference, it is important to note that an employer may not be liable for defamation if they are speaking honestly and are not maliciously intending to harm an employee's reputation. If a former employer is giving out false or misleading information about you, it could doom your job search.

To remedy this situation, some states have enacted service letter laws. These laws require employers to provide former employees with certain basic information in writing about their employment. In New York, the law requires employers to provide written notice to discharged employees, stating the employee's dates of employment, job title or description, salary, and information about the employer's rehire policies. This notice must be given to the employee no later than five working days after the date of termination.

If you believe that your former employer is giving you bad references and you cannot get another job because of it, you may be able to take legal action. If you think you can prove that the employer is spreading false factual information about you, you might want to consult a private attorney about your possible rights. However, it is important to note that New York follows the doctrine of employment-at-will, which means that either the employer or the employee can terminate the employment relationship at any time and for any reason, unless there is an employment contract specifying otherwise.

Additionally, there are several situations in which legal action against an employer may be warranted, such as discrimination, harassment, or retaliation. If you believe you have been discriminated against based on characteristics such as race, gender, age, disability, or religion, you may have grounds for a discrimination lawsuit under federal and state anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. If your employer has failed to address harassment complaints or has retaliated against you for reporting harassment, you may also have grounds for legal action.

Frequently asked questions