What Does New York City’s Just-Cause Law Mean for Fast-food Workers?

There’s been much discussion recently about raising the minimum wage and providing fast-food and other hourly workers with a living wage. But wages aren’t the only concern facing workers. Wages are a moot point for someone fired without cause. New York City’s Just-Cause law offers protection and ends the risk of termination without reason.

The new law protects approximately 67,000 fast-food workers and makes it so their employers can only fire them for a legitimate reason. Previously, employment was “at-will” and they could be terminated for any reason.

Many believe at-will employment and the risks it presented resulted in employees not speaking up about employer violations of laws or regulations. These violations have been of particular concern during the COVID-19 pandemic. Social distancing and other guidelines were enacted to protect employees and the public from the spread of the virus.

To learn more about what it means to be an at-will employee, check out this information from National Conference of State Legislatures.

Those behind the Just-Cause law say they believe the law was also necessary due to the backlash many fast-food workers experienced in their effort to boost the minimum wage. Workers involved in Fight for $15 activism deal with a variety of repercussions. The Just-Cause law ensures that fighting for what you believe is right won’t result in termination. At least for the city’s fast-food workers.

Why Only Fast-food Workers?

Lawmakers created the Just-cause law to protect fast-food workers. They believed it would be easier to enact protection for a single industry – at least to begin with. Ultimately, the goal is to pass a Just-cause law that protects all of the city’s workers.

Lawmakers believe this initial effort will result in other cities following suit. They’ve encouraged lawmakers across the country to fight for those changes. New York modeled its law after Philadelphia’s Just-cause law protecting the city’s parking lot workers. Lawmakers in Seattle are looking into proposing a law of their own. In Illinois, an organizing effort underway to persuade lawmakers to enact a state-wide just-cause law for all industries.

Previously, the organizers focused on workplace discrimination, wage issues, and health and safety, but have recently acknowledged that just-cause employment ensures workers can organize to create safer work environments.

Montana is currently the nation’s only state that does not offer at-will employment for workers.

Unions have long negotiated just-cause provisions. Most agree that despite the risk of extending this benefit to all workers, the efforts will empower workers. They believe it makes them more likely to organize unions of their own.

They all agree that removing the fear of termination allows workers to speak openly and deal with problems as they arise.

Are Just-Cause Laws Necessary?

Critics of just-cause laws state that they are unnecessary due to existing protections. But supporters of the laws state that just-cause makes the process of dealing with problems easier. They also think it makes reinstatement after termination without just-cause easier.

Another criticism of the law is that it protects employees who do deserve to be terminated. Supporters of just-cause laws point out that this isn’t the case. Employers are free to downsize or terminate problem employees when justified.

Now that New York’s Just-Cause law is in place, you have a right to request arbitration, seek relief, or pursue private legal action if you believe your rights have been violated. For more information or to discuss your situation, contact Borrelli & Associates, P.L.L.C to schedule a free consultation through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com, or any of our phone numbers: (516) 248-5550, (212) 679-5000, or (516) ABOGADO.