Provided by: Jennifer Kirschenbaum, Esq.
August 24, 2017
Thanks for Tuesday's email on an employee providing inadequate notice of absence. On that note, when can I dock an employee for poor performance or bad behavior?
In NY, you can't. Deductions are covered by NYS Law https://labor.ny.gov/formsdocs/wp/LS605.PDF - which provides you can't dock or offset unless its for a defined benefit, or for a legitimate over payment made by the employer. Pretty particular. Now, can you suspend an employee without pay? Take them off of the calendar? Sure, circumstances dependent. You can also have employees going over sick days and they can take leave without pay in certain circumstances. But the concept of punishing an employee by taking money away the state views as having already been earned is not authorized in NY or any other state I am aware of.
For specific advice on a particular circumstance, call me and lets talk offline.