Could NYC's Secure Jobs Act Put an End to At Will Employment? - The National Law Review
New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int 0837-2022 would further restrict employers’ use of electronic monitoring and biometric data in making discharge and disciplinary decisions, and provide other protections for workers.
The legislation, introduced by New York City councilwoman Tiffany Cabán, comes after New York City enacted a similar measure in 2021 that requires just cause for discharging fast food industry workers. The New York City Council is still considering the legislation.
“Just Cause” and “Progressive Discipline”
If passed, the bill would prohibit employers from discharging employees without “just cause or a bona fide economic reason,” except where “termination is for an egregious failure by the employee to perform their duties, or for egregious misconduct.” In order to discharge based on “just cause,” an employer would need to have a written progressive discipline policy in effect that was provided to the employee, and the employer must have utilized progressive discipline prior to the discharge. “Progressive discipline” would be defined as a “graduated range of reasonable responses to an employee’s failure to satisfactorily perform” the employee’s job duties, though employers would not be able to rely on discipline administered more than one year prior when...
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