GNYADA May 2018 Newsletter

Don’t Debate the Right Way to Terminate 12

On March 12, 2018, the New York State Senate passed legislation that defines sexual harassment in state law. The legislation also: Bans confidentiality or disclosure restrictions in court approved settlements, unless it is the vic- tim’s request, made without coer- cion or intimidation, and the court has considered the potential public impact; n Bans mandatory arbitration for sexual harassment claims; Protects independent contractors and freelance workers who would otherwise be non-employees; Restricts public sector employers from using taxpayer money for n n Even though New York is an “at will employment” state, meaning that both dealers and employees can end the relationship at any time, the reali- ty is a lot more complicated! Here are some steps to take before termi- nating an employee to make sure it’s done correctly: 1. Evaluate your employees: This will allow you to identify and cure an employee’s deficiencies and, if they are eventually termi- nated, can help demonstrate that there were legitimate, non-dis- criminatory and non-retaliatory business reasons for the termination. n

protected class because of their age, race, sex, gender, religion and a number of other categories. If you would like more detailed information about termination or the benefits of ERP membership, call GNYADA (718.746.5900) to join ERP today!

2. Engage in progressive

resolving sexual harassment claims; and Mandates that contractors doing business with New York State certify that they have sexual harassment policies in place and conducts annual sexual harass- ment training. This legislation shows that New York is serious about reducing instances of workplace sexual harassment and penalizing perpetrators. Dealers should act now to ensure their policies prevent sexual harassment. New York City is also taking immediate steps to require training for supervisors and employees. n discipline: This is where penal- ties increase depending on the severity of the performance defi- ciency or misconduct and the number of occurrences. Usually a verbal warning is the first step, followed by a written warning, then termination. Members of GNYADA’s Employee Relations Program can ask for progressive discipline forms to use in their dealerships. 3. Special Considerations: Before moving forward with termination, consider whether the employee is in a union; has a contract; just came back from leave; or is in a

New York State Legislation Aims to Combat Workplace Sexual Harassment 13

Upcoming Seminar:

On May 17, at the Center for Automotive Education & Training (15-30 Petracca Place, Whitestone, NY 11357) ERP’s Spring Labor Law Seminar will review How to Recognize and Respond to Sexual Harassment after #MeToo and #TimesUp. It is FREE for ERP members and $150 per person for non-ERP members. To register, contact Kelsey

at Kelsey@gnyada.com or 718.746.5900 x 273.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • May 2018 9