NEW YORK, NEW YORK —Effective July 5, 2021, fast food employees working in the five boroughs of New York City will no longer have to worry about being terminated without reason. This means employers must show “just cause” as to why a worker should be fired. Steven Mitchell Sack, “The Employee’s Lawyer,” says this new law will help protect workers in low-paying jobs from being unfairly fired, especially if this job is their single source of income.

Under the new law, an employer will be required to show proof that a worker failed to perform their necessary duties or engaged in misconduct prior to terminating their employment. To ensure that they will not be dismissed on the spot, employees will be given a series of warnings and appropriate disciplinary actions prior to being fired. In addition, companies will be required to offer employment to former employees before hiring new employees.

Mr. Sack says this bill is a big step in the right direction because it further protects worker’s rights, especially in at-will states such as New York, where employers maintain the right to fire employees at any time for any reason, except on the basis of age, race, gender identification, religion, national origin, physical and/or mental disability, sexual preference, or military status.

“This new just cause bill will provide much-needed job security for fast food workers in New York City,” says Mr. Sack. “These workers are paid very low wages and, for many of them, this is their only source of income. By putting this bill into law, fast food workers’ livelihoods are no longer at the mercy of their employers, who once enjoyed the ability to fire whomever they wanted for whatever reason and at any time. Now, these employers must justify their actions before terminating an employee.”

Mr. Sack has been an employment attorney for more than 40 years. He is known for successfully representing a group of waiters in Samiento v. World Yacht Inc. The landmark New York Court of Appeals decision made it more difficult for restaurants and caterers to keep gratuities intended for their wait staff. He is the author of The Employee Rights Handbook, which has been called a “first-aid kit” for current and prospective employees, giving them the information they need to understand their job rights and protect and assert themselves to collect what is due; telling his readers and clients that “every firing is negotiable.” He served as plaintiffs’ counsel on behalf of three women who were wrongfully terminated when their employer discovered they were pregnant. A Bronx Supreme Court jury awarded the plaintiffs $6.2 million.

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — Steven Mitchell Sack, “The Employee’s Lawyer,” was interviewed by UpJourney for an article titled “What to Do When You Get Fired Unfairly.” Mr. Sack said that, in the event you believe you were unfairly terminated, you should make sure you weren’t fired for your age, race, gender identification, religion, national origin, physical and/or mental disability, sexual preference, or military status.

“Of all these, age discrimination is the most prevalent,” Mr. Sack said. “Companies attempt to fire older workers because they believe they are paid more, and companies are looking to reduce payroll costs. They may also seek to fire an older worker because they believe their age — and physical condition — may have affected their ability to perform the job properly. Instead of firing them, the company may try to force them to retire early, only to reduce the older worker’s retirement benefits.”

There are other reasons you cannot be let go from your job, according to Mr. Sack. “You also cannot be fired if you refused to follow a company’s orders that resulted in illegal activity, reported corporate misconduct to the authorities and/or sexual or racial harassment and discrimination to your superiors or took extended leaves of absence due to pregnancy, hospitalization, jury duty or military service,” he said.

Mr. Sack also offered the following tips:

• Know your rights.
• Be sure to document everything that was promised to you during the job interview.
• Don’t leave empty-handed (in other words, make sure you receive what you are entitled to — unpaid commissions, salary, bonuses, reimbursements, health benefits, etc.)
• Always remember: Every firing is negotiable.

Mr. Sack said the last tip is the most important. “A firing doesn’t have to end with you clearing out your desk and walking out with your possessions in a box,” he said. “See if you can work out a deal to stay on with the company and if you can still be on its health plan for a few more weeks until you can find another job.”

Mr. Sack has been an employment attorney for more than 40 years. He is known for successfully representing a group of waiters in Samiento v. World Yacht Inc. The landmark New York Court of Appeals decision made it more difficult for restaurants and caterers to keep gratuities intended for their wait staff. He is the author of The Employee Rights Handbook, which has been called a “first-aid kit” for current and prospective employees, giving them the information they need to understand their job rights and protect and assert themselves to collect what is due; telling his readers and clients that “every firing is negotiable.” He served as plaintiffs’ counsel on behalf of three women who were wrongfully terminated when their employer discovered they were pregnant. A Bronx Supreme Court jury awarded the plaintiffs $6.2 million.

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing workplace rights of employees, executives, and sales representatives for more than 40 years. He is a practicing attorney concentrating in employment law, as well as an author of 19 books, a lecturer and syndicated radio talk show host. Together with attorney Scott A. Lucas, they obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees, as well as a favorable Court of Appeals decision for a group of waiters who were denied their fair share of tips that were held back by a caterer. For more information, visit www.theemployeeslawyer.com.