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ARTICLE · 15 MARCH 2023

New York State Legislators Propose "Wrongful Discharge" Law

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A trio of New York State Senators has proposed a bill that would create a cause of action for "wrongful discharge."

United StatesEmployment and HR
Allan Bloom
Allan Bloom
Evandro Gigante
Evandro Gigante
Laura Fant
Laura Fant
Hannah Morris
Hannah Morris
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A trio of New York State Senators has proposed a bill that would create a cause of action for "wrongful discharge." If enacted, the "Safeguarding Employees and Accountability for Termination (SEAT) Act" would be codified in a new Article 20-D of the Labor Law and take effect 90 days after being signed into law. The law would effectively do away with the notion of at-will employment within the State of New York.

The SEAT Act would allow employees to sue for "wrongful discharge." A "discharge" is defined as a constructive discharge and any other termination of employment, which includes "resignation, elimination of the job, failure to recall or rehire and any other cutback in the number of employees for a legitimate business reason."

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