by Stephen D. Hans | Apr 19, 2021 | Fast Food Employees in New York City
At-Will Employment for Fast Food Restaurants Ends in New York City Wrongful Discharge of Fast Food Employees in New York City refers to a new ordinance that the NYC Council passed. The ordinance changed termination based on at-will employment law to law based just cause or a bona fide economic reason. At-will employment for restaurants has long been the established law in New York. At will employment means employers have the right to fire an employee without warning, for no reason or for any reason at all. Of course, the law does not permit discrimination or retaliation. What does the Wrongful Discharge of Fast food Workers ordinance entail? The new ordinance bars fast food employers from firing a worker without showing legitimate reasons. Legitimate reasons would include economic concerns or just cause related to job performance or misconduct. Furthermore, in a lawsuit, the employer would have to show the reasons for lay-off or termination. Throughout the United States, workers who are not protected by an employment contract or union typically are subject to at will employment laws. What does “just cause” termination involve? The court would consider certain factors when determining whether just cause existed. Factors would include that the fast food employee: Knew or should have known the employer’s policy, rule or practice serving as a basis for discipline or discharge Violated policy, a rule or practice or committed misconduct as the basis for discharge or discipline Received adequate and relevant training for the job Was subject to fair and objective investigation of job performance or misconduct In addition, the fast food employer’s policy, rules or practices must...
