Legislation proposed in New York City would prohibit employers from terminating employees without just cause. It would also ban the use of electronic monitoring in discharging or disciplining employees.

We have rounded up a group of articles on the topic by SHRM Online and other trusted news sources.

New York City Proposal

If passed, the legislation could transform the balance of power between bosses and their employees. Employees' jobs would be legally protected unless their boss could demonstrate misconduct, unsatisfactory performance or a genuine economic need to eliminate their position. Workers who believe they are terminated without just cause would be able to bring legal claims before city enforcers, arbitrators or state court judges.

The bill also would restrict companies' use of technology to surveil and assess workers' performance and would permit the city comptroller to bring cases on behalf of fired employees, even if those workers had signed forced arbitration clauses giving up their rights to sue.

Fast-Food Workers

The fast-food industry in New York City already has a just-cause requirement for terminations. An ordinance signed into law in 2021 requires that an employer seeking to fire a fast-food worker must do so for just cause, following progressive discipline. The law prohibits significantly cutting employees' hours. When just-cause dismissal is required, the termination must be for a reason as defined by a statute or collective bargaining agreement....

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