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What are my legal obligations regarding employee termination in New York City?

Picture of Chris Battis By   ·  1 minute read

In New York City, Employers Must Follow These Legal Obligations When Terminating Employees:

  1. Giving Reasonable Notice: Employers must provide reasonable notice to their employees before terminating their employment, unless they have a specific agreement with their employees that allows for immediate termination.
  2. Severance Pay: Employers in New York City are not required to provide their employees with severance pay upon termination. However, if an employer has a severance pay policy in place, they must comply with the terms of that policy.
  3. Unemployment Benefits: Employees who are terminated from their jobs may be eligible to collect unemployment benefits from the New York State Department of Labor. Employers must provide their terminated employees with a Notice and Acknowledgment of Receipt of Unemployment Insurance Information (Form IA 12.3) within five days of the termination.
  4. Final Paycheck: Employers must provide their terminated employees with their final paycheck, which must include all wages earned up to and including the date of termination, as well as any accrued but unused vacation time, within a specified period of time.
  5. Discrimination: Employers cannot terminate their employees for discriminatory reasons. Discrimination is prohibited based on race, color, national origin, religion, gender, age, disability, marital status, sexual orientation, and other protected characteristics.
  6. Retaliation: Employers cannot terminate their employees for asserting their rights under the law, such as filing a complaint regarding discrimination or violations of wage and hour laws.
  7. Worker Adjustment and Retraining Notification (WARN): Employers that have 50 or more full-time employees in New York City must comply with the WARN Act when terminating employees. The WARN Act requires employers to provide 90 days' notice to their employees prior to a plant closing or mass layoff.

It is important for employers to approach employee termination with caution in order to avoid any potential legal liability. Employers should consult with an experienced employment lawyer to assess their specific situation and ensure compliance with all applicable laws and regulations.