1. Discharge Notices:
In the state of New York, employers are obligated to provide all employees with notice of their dismissal. This can be done by providing them with a written or verbal notification. If the termination is for just cause, employers must provide written notice detailing why the employee is being discharged. The discharge notices should include information about the employee’s final paycheck, any owed wages and/or benefits, a statement about unemployment insurance, and other relevant information.
2. Final Paychecks:
Employers in New York are required to provide employees with their final paychecks on or before the next regularly scheduled payday following their termination date. The check should include all wages due for the hours worked up until the date of termination as well as any outstanding vacation or sick days. Additionally, employers must issue payment for any accrued severance pay that is owed to the employee.
In New York, employers must honor any accrued vacation time that was not taken prior to an employee’s termination date. Employees should be paid for any unused vacation time at the rate of their final salary.
4. Non-Compete and Non-Solicitation Agreements:
Employers should determine if any non-compete or non-solicitation agreements are in place with the terminated employee, including any potential damages that may occur due to a breach of these agreements. If applicable, employers must provide termination letters indicating that all non-compete and/or non-solicitation obligations remain in effect following termination.
5. Layoffs and Reductions in Force (New York WARN Act):
The New York Worker Adjustment and Retraining Notification Act (WARN) requires employers to give employees 60 days’ notice prior to a layoff or reduction in force. This includes providing notice to all affected employees as well as informing the New York Department of Labor. Employers must also provide information regarding any severance pay, unemployment insurance benefits, and potential recall rights for their impacted employees.
6. NY Termination Letter:
Providing a termination letter is an important part of the employee termination process in New York. The letter should include the date of termination, the reason for termination (if applicable), any final wages due and when these will be paid, and instructions on how to file for unemployment insurance benefits. It should also include contact information for both the employer and any other relevant parties involved in the employee’s separation from employment.
7. Informing Your Staff:
It is important for employers to inform their staff of the employee’s termination in a timely and professional manner. This can be done by informing employees either verbally or via written notice, depending on company policy. If the employee was terminated due to performance reasons, it is also important for employers to provide feedback as to why the decision was made.
8. Unemployment Insurance:
Employers must provide information regarding how an employee can apply for unemployment insurance benefits following termination. This includes instructions on how to file for benefits online and contact information for any further assistance needed. Employers should keep a record of all relevant documentation provided during this process.
9. Tax Documents:
Employers must also provide any necessary tax documents as part of the termination process. This includes a final W-2 form, which should include all wages earned up until the employee’s termination date. Employers may need to issue an additional W-2 form if the employee received any severance pay after leaving their job. Additionally, employers should complete and submit a Final Paycheck Worksheet to provide information on the employee’s total compensation for the fiscal year.
10. Severance Agreements and Waiver of Rights:
Employers may offer a severance agreement to terminated employees, which can include continued benefits or additional compensation. However, employers should ensure that any severance agreements are in compliance with the applicable laws and regulations of New York. Additionally, employers must provide a waiver of rights form that outlines how the employee is releasing any potential claims against the company in exchange for the severance package being offered. This document should also be signed by both parties as part of the termination process.