Skip to content
Ask a question
All posts

What legal steps do I need to take to terminate an employee in New York?

Picture of Chris Battis By   ·  1 minute read

To terminate an employee in New York, an employer should follow the steps outlined below.

  1. Review the Employment Agreement: The first step is to review the employment agreement (if there is one) to determine any specific clauses addressing termination. This may include notice period, severance pay, or grounds for termination.
  2. Check any Legal Restrictions: New York is an "at-will" employment state, which means that employers can terminate an employee at any time, for any reason, as long as it is not discriminatory. However, certain rules and regulations must be followed, such as federal and state anti-discrimination laws, and any collective bargaining agreements or labor laws.
  3. Give Notice of Termination: Once the decision to terminate an employee has been made, the employer should inform the employee of their decision through a termination letter. The letter should state the reasons for the termination and the effective date.
  4. Comply with Final Paycheck Requirements: In New York, employers must issue a final paycheck to the employee within a certain period of time depending on circumstances, including the terms of their employment agreement or company policy.
  5. Protect the Company's Interests: Before terminating an employee, an employer should examine the potential risk of any legal action that the employee could take against the company, such as discrimination or wrongful termination claims. Employers should be careful to document and handle termination processes in a consistent, professional and legally compliant manner.
  6. Make Arrangements for the Return of Company Property: Any equipment or property that is owned by the company should be retrieved by the employer on, or before, the employee's last day. This includes work-related documents, electronic devices, and identifying badges.

In conclusion, employers should exercise caution when terminating an employee and seek legal advice if there are any questions or concerns. By following the steps listed above, an employer can minimize the risks of any potential legal issues arising due to the termination process.