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Can I terminate employees without violating employment laws in New York? What are the requirements?

Requirements for Terminating Employees in New York

In New York, employment is generally at-will, which means that an employer can terminate an employee at any time and for any reason, as long as it is not discriminatory or in violation of public policy [1.1]. However, there are certain requirements that employers must follow when terminating employees.

Notice Requirements

New York State law does not require employers to provide notice to employees before terminating their employment. However, employers with 50 or more employees are subject to the federal Worker Adjustment and Retraining Notification (WARN) Act, which requires them to provide 60 days’ notice to employees in the event of a mass layoff or plant closing [1.1].

Final Paycheck Requirements

Employers in New York are required to provide employees with their final paycheck on or before the next scheduled payday after termination [1.1].

Unemployment Insurance

Employees who are terminated through no fault of their own may be eligible for unemployment insurance benefits in New York. Employers are required to provide employees with information about how to apply for unemployment insurance benefits upon termination [1.1].

Exceptions

There are certain exceptions to the at-will employment rule in New York. For example, employers cannot terminate employees for discriminatory reasons, such as race, gender, or age [2.1]. Employers also cannot terminate employees for engaging in protected activities, such as filing a complaint about workplace safety or reporting illegal activity [2.1].

State Mediation Board, State Labor Relations Board, and State Employment Relations Board Abolished

The state mediation board created by chapter five hundred sixty-nine of the laws of nineteen hundred sixty-eight, the New York state labor relations board created by chapter four hundred forty-three of the laws of nineteen hundred thirty-seven, and the state employment relations board created by chapter one hundred sixty-six of the laws of nineteen hundred ninety-one are hereby abolished. All the functions, powers and duties of such boards are hereby assigned to and shall hereafter be exercised and performed by and through the board [3.1].

Improper Employer Practices; Improper Employee Organization Practices; Application

It shall be an improper practice for a public employer or its agents deliberately (a) to interfere with, restrain or coerce public employees in the exercise of their rights guaranteed in section two hundred two of this article for the purpose of depriving them of such rights; (b) to dominate or interfere with the formation or administration of any employee organization for the purpose of depriving them of such rights; (c) to discriminate against any employee for the purpose of encouraging or discouraging membership in, or participation in the activities of, any employee organization; (d) to refuse to negotiate in good faith with the duly recognized or certified representatives of its public employees; (e) to refuse to continue all the terms of an expired agreement until a new agreement is negotiated, unless the employee organization which is a party to such agreement has, during such negotiations or prior to such resolution of such negotiations, engaged in conduct violative of subdivision one of section two hundred ten of this article; (f) to utilize any state funds appropriated for any purpose to train managers, supervisors or other administrative personnel regarding methods to discourage union organization or to discourage an employee from participating in a union organizing drive; (g) to fail to permit or refuse to afford a public employee the right, upon the employee’s demand, to representation by a representative of the employee organization, or the designee of such organization, which has been certified or recognized under this article when at the time of questioning by the employer of such employee it reasonably appears that he or she may be the subject of a potential disciplinary action [2.2].

Conclusion

In summary, employers in New York can generally terminate employees at-will, but there are certain requirements that must be followed, such as providing a final paycheck and information about unemployment insurance benefits. Employers should also be aware of the exceptions to the at-will employment rule and ensure that they are not terminating employees for discriminatory or retaliatory reasons. Additionally, employers should avoid improper practices such as interfering with employee rights or refusing to negotiate in good faith with employee representatives [3.1][2.2].

Source(s):
Jurisdiction

New York