Understanding Employee Rights: New York And Federal Laws

Employers in New York must navigate a complex web of state and federal laws when terminating an employee. While New York is an at-will employment state, meaning employers can generally terminate employees without repercussion, there are several exceptions to this rule. For instance, employers cannot terminate workers on the basis of their race, religion, gender, national origin, age, sexual orientation, marital status, military status, disability, or pregnancy. Additionally, employers must comply with both state and federal laws during the termination process, such as delivering the final paycheck and continuing health insurance for a period after termination.

Discrimination laws

The law covers various aspects of employment, including hiring, firing, compensation, and terms and conditions of employment. It is unlawful for employers to refuse to hire, employ, or discharge someone from employment based on their age, race, national origin, creed, colour, 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.

The law also prohibits employers from compelling pregnant employees to take a leave of absence unless their job performance is affected and protects employees who oppose discriminatory practices, file a complaint, or participate in proceedings related to the enforcement of the State Human Rights Law. Additionally, it is unlawful to discriminate against an employee for whistleblowing or reporting employer violations of the law.

If an employee believes they have been discriminated against, they can file a charge of discrimination with the New York State Division of Human Rights (DHR) within one year of the incident or directly file a lawsuit in a New York state court within three years. They can also file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days, which will investigate and attempt to resolve the matter through mediation. If mediation fails, the EEOC will issue a "right to sue" letter, and the employee has 90 days to file a lawsuit.

It is important to note that federal statutes typically apply to employers with 15 or more employees, while the New York State and New York City statutes apply to those with four or more employees.

Whistleblowing

In New York, employers must comply with both state and federal labor laws, which tend to favour employee rights. Generally, an employer may fire an employee for any lawful reason without liability. However, there are some exceptions to this rule. An employer cannot fire an employee for a prohibited reason, such as discrimination or whistleblowing.

Under New York law, a whistleblower is a current or former employee or independent contractor who discloses or threatens to disclose to a supervisor or public body an activity, policy, or practice of the employer that the whistleblower reasonably believes is in violation of the law, rule, or regulation, or that poses a substantial and specific danger to public health or safety. Whistleblowers are protected by both federal and state laws, including the False Claims Act, Sarbanes-Oxley, Securities and Exchange Commission (SEC) and Internal Revenue Service (IRS) whistleblower statutes, and the Whistleblower Protection Act of 1989. The New York State Labor Law also provides whistleblower protection in a broad range of industries, including healthcare workers who report substandard patient care.

If you believe you have been terminated or otherwise retaliated against for whistleblowing, you should consult an attorney to determine whether legal action is appropriate. You may be able to prove retaliation in court and receive reinstatement, back pay, and financial compensation for other damages. Additionally, if you prove your employer is committing fraud against the government, you may be able to file a lawsuit against your employer on behalf of yourself and the government.

Layoffs

Notice Requirements for Layoffs

New York's Worker Adjustment and Retraining Notification (WARN) law requires employers with 50 or more full-time employees to provide at least 90 days' advance written notice before mass layoffs, relocations, or plant closings. A mass layoff is defined as impacting 25 full-time employees who represent at least 33% of the workforce or resulting in 25 employees losing their positions over a 30-day period. The employer must also notify the NY Commissioner of Labor, providing the name and address of the employment site, a statement regarding bumping rights, the expected date of the first employee separation, and the anticipated schedule of separations.

Additionally, the Federal WARN Act mandates that employers with 100 or more full-time employees provide at least 60 days' advance written notice of plant closings or mass layoffs to the affected employees' representative or directly to the employees if there is no representative. Employers must also notify the state dislocated worker unit and the local government.

Employee Rights During Layoffs

During layoffs, employers must respect employee rights and comply with both New York and federal laws. For example, employers must deliver the final paycheck to terminated employees by the next regular payday and offer continuation of health insurance through programmes like COBRA or New York's Mini-COBRA. Employees are also entitled to any unused paid vacation time, unless the employment contract or company policies state otherwise.

Furthermore, employers should be cautious about the information they disclose regarding the reasons for layoffs. While it is acceptable to express well-wishes and sad sentiments when an employee is laid off, it is best to keep the details confidential if the employee was fired for specific reasons.

Contract violations

In New York, some workers have individual written contracts that limit the employer's right to fire them. If you have a contract, check its terms and consult a private attorney if you think your discharge violates your contract. For instance, if your employer included terms and conditions that do not comply with federal and New York state law, or did not include the terms and conditions of your employment or benefits, or if you were under the age of consent or not of sound mind when you signed the contract, or if the non-compete or non-disclosure clauses were too broad or restrictive, or if the written agreement does not align with the oral agreement, you may have a case for a contract violation.

In New York, employers are required to deliver the final paycheck to a terminated employee by the next regular payday at the latest. The paycheck must be sent by mail if the employee requests it. Unused paid vacation time that has been allocated must be paid by the employer at termination, unless the employment contract or company policies specifically state otherwise. Commissions are also classed as wages, so employers should have agreements in place for payments when an employee is terminated.

For all termination situations in New York, written notice must be provided no later than 5 working days after the date of termination. This notice must include the date of termination and the date that any employee benefits will cease. Employers must also respect employee rights and comply with both New York and federal laws during the termination process. For example, employers with more than 20 employees must offer the continuation of COBRA health insurance, regardless of whether the termination was voluntary or involuntary.

In New York, wrongful termination includes firing an employee for discriminatory reasons or for retaliation against an individual for legally reporting employer violations of the law. Employers need to be cautious when terminating employees due to the strict laws against retaliation, discrimination, and harassment in the state. For instance, it is illegal to fire workers for missing work to fulfill a jury duty obligation, or for taking sick leave (in New York City only).

Notice requirements

Notice Periods:

In New York, employers are required to provide written notice of termination to employees within five working days of the termination date. This notice should include the exact date of termination and the date of cancellation of any employee benefits. This is in accordance with New York Labor Law § 195(6).

Mass Layoffs, Relocations, and Plant Closings:

The New York WARN law mandates that employers with 50 or more full-time employees give at least 90 days' advance written notice before mass layoffs, relocations, or plant closings. A mass layoff is defined as impacting 25 full-time employees, either representing at least 33% of the workforce or resulting in 25 employees losing their positions over a 30-day period.

Federal Requirements:

The Federal Act requires employers with 100 or more full-time employees to provide at least 60 days' advance written notice regarding plant closings or mass layoffs. This notice should be given to the affected employees' representative or directly to the employees if there is no representative.

Whistleblowing:

If an employee believes they were terminated due to whistleblowing, they should consult an attorney. Whistleblowing is a complex area, and specific conditions must be met for it to be protected by law.

Discrimination and Retaliation:

Federal and state laws prohibit employers from terminating employees based on protected characteristics such as race, religion, gender, national origin, age, sexual orientation, and disability. Employers are also prohibited from retaliating against employees for asserting their legal rights or participating in protected activities such as jury duty, military service, or taking leave under the Family Medical Leave Act.

Contractual Obligations:

Employers must adhere to the terms of any employment contracts, and violations of these contracts can lead to lawsuits. Some contracts may stipulate that workers are not at-will employees, providing them with job security and outlining specific circumstances under which they may be terminated.

In summary, notice requirements in New York encompass both written notification of termination to individual employees and advance notice of mass layoffs or plant closings. Employers must also be mindful of federal and state laws that prohibit termination based on discrimination or retaliation and must respect the terms of any employment contracts.

Frequently asked questions