Curtis Leitner ,left, and Trevor Larrubia ,right, of McCarter & English. Courtesy photos Form Versus Substance: Termination Procedures in NY Employment Contracts
This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.
April 15, 2024 at 09:49 AM
8 minute read
In employment contracts, a fundamental employee protection is the right to continued employment absent termination for "cause." Employment contracts often specify procedures that must be followed to effect a cause termination. If a contract has no termination procedure, it may still incorporate handbooks or policies that provide procedures for employee discipline. The prevalence of employment termination procedures is reflected in the Restatement of Employment Law, which states that a "cause" termination has a "procedural dimension." Section 2.04(e) of the Restatement states: "When the [employment] agreement specifies termination procedures, those terms control."
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