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.
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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