Employee termination in New York is governed by both federal and state laws. While federal laws set minimum standards for employers, state laws provide additional protections for employees.
At-will employment is the norm in New York, meaning that either the employer or the employee can terminate the employment relationship at any time, with or without cause, and without notice. However, there are a few limitations to this general rule. For instance, an employer cannot terminate an employee for discriminatory reasons based on an employee's race, gender, religion, national origin, age, or disability.
Another exception is when the employee has a contract that limits the employer's ability to terminate the employee without cause. Employers must also comply with any contractual terms governing termination, such as notice periods, severance pay, and non-compete agreements.
New York State law requires employers to provide terminated employees with their final paycheck within a certain time frame. If an employer fires an employee, they must provide the final paycheck on the next regular payday, regardless of whether that day falls before or after the date of termination. If an employee resigns, the final paycheck must be provided on the next regular payday or within 72 hours of resigning, whichever comes first.
Employers must also comply with the Worker Adjustment and Retraining Notification (WARN) Act, which requires employers with 50 or more employees to provide notice 90 days in advance of any plant closing or mass layoff.
In conclusion, employers in New York have many legal obligations regarding employee terminations, with various applicable laws, contracts and contractual terms. Therefore, it is advisable for employers to consult with a licensed attorney to ensure they comply with all relevant laws when considering terminating an employee.
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