Employee Discipline: New York
Federal law and guidance on this subject should be reviewed together with this section.
Author: Christine Zebrowski, Overbrook Law LLC
- New York nondiscrimination laws tend to be much broader than federal antidiscrimination requirements. See New York Human Rights Laws; New York City Human Rights Law.
- New York prohibits retaliation against employees for a number of protected activities, including disclosing or threatening to disclose to a supervisor or public body certain violations of law that create a substantial danger to the public health or safety. See Protection from Retaliation; New York State Protections; New York City Earned Safe and Sick Time Act.
- Public employees also enjoy whistleblower protections under New York civil service law. See Protection from Retaliation; New York State Protections.
- New York State and New York City have enacted False Claims Acts. See Protection from Retaliation; False Claims Acts; New York City False Claims Act.
- An employer may not discharge or discriminate against an employee for displaying an American flag on his or her person or workstation. See No Discrimination for Displaying an American Flag.
- New York employers may limit, to an extent, workplace discussions of wages. See Workplace Discussions of Wages.
- Employers may not administer, request or permit any employee to take a lie detector test or other psychological stress evaluator examination. See Lie Detector Tests.
- New York employers may test employees for drug and alcohol use. See Testing Employees for Alcohol and Drug Use.
- New York has enacted the "Compassionate Care Act," which legalizes medical marijuana. See Medical Marijuana.
- Employers may not discharge or otherwise discriminate against employees for engaging in lawful activities outside of work without the use of employer equipment or other property, except in a few limited circumstances. See Off-Duty Conduct.
- New York law provides for certain recordkeeping requirements that may affect disciplinary matters. See Recordkeeping Requirements.
- New York recognizes the claim of false imprisonment as one for personal injury. See False Imprisonment.
- Under New York law, with limited exceptions, employers may not discriminate on the basis of a prior criminal conviction. See Use of Criminal Convictions as a Basis for Discipline.
- Private employers are not restricted in the same way as government employers when conducting workplace searches. See Employee Privacy, Searches and Surveillance.
- New York is a one-party consent state. See Wiretapping and Recording of Phone Calls.
- New York has no statute regulating noncompete agreements. See Protection of Intellectual Property.
- New York employees owe their employers a duty of loyalty during the period of their employment. See Protection of Intellectual Property; Duty of Loyalty.
- New York trade secrets law protects against the misappropriation of trade secrets by third parties, including current and former employees and competitors. See Protection of Intellectual Property; Trade Secrets.
- Localities including New York City and Suffolk County have laws pertaining to employee discipline. See Local Requirements.