New York Wrongful Termination Laws

New York has made a strong commitment to employee rights through supplemental state statutes in addition to federal discrimination and wrongful termination laws. The most common federal laws are found in the Civil Rights Act of 1964 and the Federal Labor Standards Act of 1938. While New York is an “at law” employment state, in which employees and employers may terminate employment for any reason, state and federal laws limit those reasons. They also provide avenues by which employees can file claims and civil actions to recover lost positions or receive compensation for employer violations.

New York’s Specific Labor Laws

The many New York supplemental discrimination and wrongful termination laws can be found in the chart below:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$7.15 or FLSA rate, if higher	Maximum tip credit depends on occupation; minimum wage for tipped employees depends on occupation: $4.60 for waiters/busboys, $5.40 for others
State Military Leave	Yes	Unpaid leave for U.S. uniformed services and state military forces for active duty, training, or reserve drills; guaranteed reinstatement in same or similar position unless employer changes make it impossible or unreasonable; must apply for reinstatement after completion of service, which is 90 days for active duty, 10 days for training or drills, or 60 days for initial training
Jury Duty	Yes	Unpaid leave for all employers; employers with more than 10 employees must pay $40 for first 3 days; employer notification required
Voting	Yes	Up to 2 hours paid time off if required; not required if employee has 4 consecutive nonwork hours before or after shift while polls are open; time off combined with nonwork hours at employers discretion; at least 2 days, but not more than 10 days, notice required
Garnishment	Yes	Employer penalties and discrimination prohibited
State Family & Medical Leave	Yes	Employers allowing childbirth leave must also allow adoption leave for employees adopting preschool age child or younger, or disabled child of 18 or younger; bone marrow donation leave for employers with 20 or more employees at one site, those working at least 20 hours per week eligible for up to 24 hours leave
Arrest & Conviction Records	Yes	Employer cannot ask about arrests or charges not resulting in convictions unless pending; employers with 10 or more employees cannot deny employment based on convictions unless directly related to job or offense threatens property or safety; if applicants denied employment request it, employer must provide written explanation within 30 days
Discrimination	Yes	For 4 or more employees; age (18 and older); national origin; disability (physical or mental); HIV/AIDS; gender; marital status; pregnancy/ childbirth; race; religion; sexual orientation; genetic testing; lawful use of any product during nonwork hours; military status; observation of Sabbath; political activities; accompanied by service dog
Whistleblower	Yes	For both private and public employees; discrimination or discharge because of complaint, testimony, refusing an unlawful action prohibited; employee must first report violation to supervisor and allow reasonable time to correct
Plant Closings	Yes	Applies to plant closings that results in job losses to at least 25 full-time employees in 30 days or substantial layoffs that result in job losses for at least 33% of full-time and 50 part-time employees, or 500 full-time employees in 30 days, or a business takeover; company taking over another must register statement with New York City attorney general’s office and target company disclosing plans for closures or major changes in employment policies; city agencies provide emergency readjustment services, information about retraining, unemployment insurance, technical assistance, and assistance in creating an employee-owned enterprise

*These laws change often, so consult local statutes for the most up-to-date information.

New York Discrimination Laws

Federal laws provide New York workers with basic protections from discrimination for race, color, religion, sex, or national origin. State laws provide additional protections, as well as the following legal parameters for filing claims or lawsuits:

State agency claims cannot preempt private lawsuits for discrimination
Employee victims may file private lawsuits without being required to file prior state claims
Employees are not permitted to recover attorney’s fees in discrimination claims or suits
The statute of limitations for discrimination claims or lawsuits varies, depending on the specific offense

Filing a Claim for Wrongful Termination

After determining the validity of a wrongful termination claim, state agencies generally attempt mediation or conciliation to settle these claims out of court. If those efforts fail, however, the agency may file a civil suit or drop their claim and allow the employee to contact an employee rights attorney to file a private lawsuit.

Legal Remedies for Wrongful Termination

Victims of wrongful termination have a number of remedies which they may pursue through claims or civil suits, including one or more of the following:

Reinstatement of benefits and position
Lost wages
Punitive damages
Attorney’s fees and court costs
Compensation for stress and suffering
Injunctive relief in the workplace

State statutes include additional penalties for employers who violate wrongful termination and discrimination regulations in these areas:

Jury duty – contempt of court with fines of up to $1,000 and/or 30 days in county jail

Garnishment – for wrongful termination, liable for reinstatement, up to 6 weeks lost wages, fines of up to $500 for first offense and up to $1,000 for repeat offenses, and possibly contempt of court

Victims of discrimination and wrongful termination in New York have many protections and options for remedies under federal and state statutes. Because they can be very detailed and specific, employees may benefit from retaining a skilled employee rights attorney to guide them through the process of filing an EEOC or human rights claim or civil suit to ensure that they take advantage of all the legal opportunities provided in these important protections.

Local Resources

Regional EEOC Branches

Buffalo Local Office
6 Fountain Plaza, Suite 350
Buffalo, NY 14202
716-551-4441 or 800-669-4000
TTY: 716-551-5923 or 800-669-6820
FAX: 716-551-4387

Division of Human Rights
Bronx, NY
718-741-8400
www.dhr.state.ny.us

Wrongful Termination Claim?