Is there a New York Stae labor law on Written warnings?..AND is there a law of the “time between” one written warning and another?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a New York Stae labor law on Written warnings?..AND is there a law of the “time between” one written warning and another?

Asked on June 19, 2009 under Employment Labor Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

New York follows the at-will employment law.  See the following from the New York State Dept of Labor.  So, generally, no warning is necessary.  If your employee handbook requires you to be given written warnngs, look for the timelines in there.  Otherwise, you are out of luck.

 

 

"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, sexual orientation 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 "

 

 

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Generally, there is no law regarding warnings.  Warnings are done through company policies and handbooks and so forth.  Employees at will like yourself can be fired for good bad or no reason at all.  Therefore, there is no time between one warning and another.  rather, that is something that is up to the employer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption