Law Prohibiting At-Will Employment at NYC Fast-Food Restaurants Challenged

June 24, 2021

New York City’s law requiring fast-food employers to have just cause to fire workers will take effect soon, but it should be blocked, according to a lawsuit brought by the Restaurant Law Center and New York State Restaurant Association.

The Fair Workweek Law prohibits fast-food restaurants from firing workers or removing shifts without first going through progressive discipline or coaching employees to perform better, except in cases of egregious misconduct.

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Unlawful harassment is egregious misconduct, said Domenique Camacho Moran, an attorney with Farrell Fritz in Uniondale, N.Y.

The law does not apply to employees who are in a probationary period, which ends 30 days after the start of their employment.

“New York City fast-food employers will want to modify their employee handbooks to include a probationary period of employment, not to exceed 30 days, progressive discipline and a list of unacceptable workplace behavior,” Moran said.

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