NYC Fast Food Workers Gain Significant Rights
Rights for New York City fast food workers have significantly changed. On July 4th new laws went into effect.
At Will Employment Ends for Fast Food Workers in NYC
Prior to the new laws, NYC fast food employers could fire employees at will. This meant employers could fire employers for any reason at all, without warning. Discrimination was and remains illegal as a reason for taking action against employees. However, under the new laws that went into effect, fast food employers must provide “just cause” to fire an employee. Furthermore, they must also provide just cause for reducing an employee’s work hours by 15% of their regular or weekly schedule. They must also provide just cause for suspending an employee indefinitely.
What Is Just Cause?
Just cause requires employers to have a legally sufficient reason or reasons to take action against an employee. For court approval, employers would have to show just cause existed for any employee discipline or job termination. The following are examples of required proof that would protect employees from unjust actions:
- Clearly communicated rules or policies regarding acceptable and unacceptable conduct
- Investigation if accused of violating policies or rules
- Fair and just investigation
- Evidence that the worker was guilty of violations
- The same enforcement of the rule(s) for all employees
- The degree of disciplinary action was appropriate for the violation
- Advanced notice before taking action
If your employer is laying off employees for economic reasons, then seniority would not apply. Generally, employees who have seniority also receive higher pay. Under the new law, employers would fire in reverse seniority order. In addition, if you want to challenge the disciplinary action or job termination, you can file for arbitration.
Get Experienced Legal Help With Rights for New York City Fast Food Workers Claims
The Law Office of Peter A. Romero has extensive legal experience representing clients throughout NYC, including in Queens, Brooklyn, The Bronx and Harlem/Upper Manhattan. Call us at (631) 257-5588 or contact us online to schedule an appointment.