Ramblings of Silver Blue


09 Feb

Promised Update (Especially for Neil)

Here’s the Link for New York

Q: Can an employee be fired without due cause?

A: Yes. New York State is an “employment-at-will,” state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee’s right to resign. An employer may fire an employee for “no reason” – or even for a reason that might seem arbitrary and unfair — and the employee is equally free to quit at any time without being required to explain or defend that decision.

There are a few exceptions to “employment-at-will.” The most significant of these are laws, enforced by the New York State Division of Human Rights, which prohibit discrimination based upon race, creed, national origin, age, handicap, gender or marital status. For additional information about how the New York State Division of Human Rights proceeds against unlawful forms of discrimination, go to:

www.nysdhr.com.

Other exceptions to the doctrine of “employment-at-will” exist under § 201-d and § 215 of the New York State Labor Law. Section
201-d prohibits an employer from firing an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union. Section 215 prescribes that no employer shall penalize any employee for making a complaint to the employer, to the Commissioner of Labor, or to the Commissioner’s representative, about any provision of the Labor Law. Violation of § 215, can bring a civil fine and separate civil action by the employee. To obtain the text of these statutes, go to:

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

One Response to “Promised Update (Especially for Neil)”

  1. 1
    Neil Morse Says:

    Thanks, SB! The place where I work has similar rules, but still, why risk getting dooced? That’s why I don’t write about politics or policy all that much.

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