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Can I fire employees for reasons other than poor performance in New York? What are the requirements?

Yes, employers in New York can generally terminate employees for reasons other than poor performance, as long as the termination does not violate any state or federal laws. However, there are certain requirements that employers must follow when terminating employees, including providing notice and paying any owed wages and benefits.

Termination for Reasons Other Than Poor Performance

In New York, employers can generally terminate employees for reasons other than poor performance, as long as the termination does not violate any state or federal laws. However, it is important to note that there are certain laws and regulations that protect employees from discrimination based on certain characteristics such as race, gender, age, and disability. Employers must ensure that any termination is not discriminatory and does not violate any of these laws.

Notice Requirements

Under 12 NYCRR 921-7.2, employers who lay off employees due to a plant closing, mass layoff, relocation, or covered reduction of work hours must provide notice to affected employees. Failure to provide notice can result in a civil penalty of up to $500 per day of violation. Employers who pay affected employees their total amount owed, including back pay and all fringe benefits, within three weeks of the employee’s date of layoff are not subject to the civil penalty.

Payment of Wages and Benefits

Employers who terminate employees for reasons other than poor performance must pay any owed wages and benefits, including accrued vacation time and sick leave, in accordance with New York state law. Employers who fail to pay owed wages and benefits can face legal action and penalties.

Local Government Procedures

Local government procedures may also apply to termination of employees in New York. For example, NYCL CVS § 212 outlines the procedures that local governments must follow when adopting their own provisions and procedures for termination of employees.

Improper Employer Practices

It is important for employers to avoid improper practices when terminating employees. NYCL CVS § 209-A outlines the improper practices that employers must avoid, including interfering with employees’ rights, discriminating against employees, and failing to negotiate in good faith with employee representatives.

In summary, employers in New York can terminate employees for reasons other than poor performance, but must follow certain notice and payment requirements, avoid discriminatory practices, and comply with any applicable local government procedures. Employers who fail to follow these requirements can face legal action and penalties. [2.1][2.3]

Source(s):
Jurisdiction

New York