As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.
To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:
Court attendance. Employers may not discipline or discharge employees for absences resulting from a summons to jury duty or from a subpoena to appear as a witness or victim in a criminal case (NY Jud. Code Sec. 519 and NY Penal Law Sec. 215.14).
Criminal offense. Employers are prohibited from discriminating against current employees, as well as applicants, convicted of a criminal offense when the ...