Frequently Asked Questions About New York Employment Law

Author: Stephen D. Hans

Employment law can be complex and confusing for both the employer and the employee.  Following, are frequently asked questions concerning employment matters:

Is an employer required to give a reason for firing or laying off an employee in New York?

New York Employment Law  does not require an employer to tell an employee why he or she is being fired or laid off.

Must an employer have cause to fire his or her employee?

An employee can be fired by an employer for any reason or no reason, providing it does not violate anti-discrimination laws.

Does an employee have a right to a copy of their personnel file?

Typically, unless state or local law state otherwise, an employee has no right to his or her employee file and an employer does not have to provide it.

Are employers required to provide health insurance, sick leave, or vacation pay to his or her employees?

Although many employers offer such benefits, an employer is not automatically required to provide them.  However, the Affordable Healthcare Act does affect healthcare benefit requirements for larger companies with 50 employees or more.

Can an employer eliminate employee benefits?

Benefits such as vacation pay that has already been earned cannot be taken away from an employee – however, an employer can change its benefits policy going forward at any time.

Is an employer required to give severance pay to a fired employee?

Unless an employer has an established policy or practice of giving severance pay upon termination, it is not required.

Get your questions answered by a NY employment law attorney

Running a business and managing employees can be a challenge.  And new laws and regulations seem to go into effect everyday.  To avoid penalties and stay in compliance you should talk to an experienced attorney.  To get any questions you may have about employment matters answered, contact an experienced NY employment defense attorney today.

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