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Reason for Termination New York

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  • Reason for Termination New York

    Hi!

    What situations would an employer be required to provide an employee a written or verbal reason for termination?

    Thanks!

  • #2
    This is not required in NY. There are very few instances in any state where the employer must give the actual reason for termination in writing. Google Employment at Will.

    The one ezception id if the WARN Act is involved. http://www.labor.state.ny.us/workerp...ds/faq.shtm#12
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by lltuser View Post
      Hi!

      What situations would an employer be required to provide an employee a written or verbal reason for termination?

      Thanks!
      None (at least not in your State.) That said, it's usually a very good idea for an employer to explain to an employee why he or she is being terminated. In the absence of that info, an employee is likely to fill in the void with the worst case scenario. ("Hmmm. Since they wouldn't tell me why I am being fired, it must be because of my gender/age/race/religion/WC claim/FMLA leave/etc.")

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      • #4
        Agreed, although if the employee files for UI, that tends to force a formal response from the employer to the state (assuming the employer wants to challenge the employee receiving UI) and that reason (if any) will be passed on by the state to the employee in the event of a challenge.

        HOWEVER, the employee getting UI and the employee being "wrongfully terminated" are legally two very different things. Most employees are eliglble for UI, but most employees are not legally "wrongfully terminated". The OP has to ask themselves is the issue UI or is the issue is wrongful termination. Those are two very different roads.
        http://employeeissues.com/wrongful_termination.htm
        http://en.wikipedia.org/wiki/At-will

        ------

        If we are talking about the employer's side of things, I agree with Beth's comments. While Employment At Will is indeed the law of the land in almost all states, the employer claiming "employment at will" does not prevent the employee from claiming something else. There is no rule that says the employer is always legally right. From the employer's side of things, it may not be legally necessary to terminate for cause, it is always safer to terminate for cause, and to well document that cause prior to termination. I agree with Beth that if the employer has their stuff together, it makes more sense to be specific (but brief) about the reason for the termination. However there is no law that says employers cannot be dumb. Many employers in fact are dumb.
        Last edited by DAW; 10-19-2011, 11:20 AM.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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