Bill > A08931

This bill requires employers in New York to have "just cause" before terminating an employee who has completed a probation period, establishing a comprehensive framework for fair employment practices. The legislation defines "just cause" as reasonable, job-related grounds for dismissal, including unsatisfactory job performance, workplace disruption, violation of written policies, or other legitimate business reasons. Employers must use progressive discipline, provide written notice of termination, and explain the precise reasons for discharge, including any electronic monitoring data used in the decision. The bill significantly restricts the use of electronic monitoring for disciplining employees, requiring employers to prove practical necessity, use the least invasive monitoring methods, and provide clear notice to employees. Employees are given rights to access and challenge data collected through electronic monitoring, and employers must ensure the accuracy of such data. The bill also establishes an arbitration process for resolving wrongful discharge disputes, with potential remedies including reinstatement, back pay, and attorneys' fees. Exceptions are made for employees in probation periods, short-term positions, and those covered by collective bargaining agreements. The law aims to provide greater job security and transparency in employment practices while protecting both employer and employee interests.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A8931