N.Y. Penal Law Section 215.14
Employer unlawfully penalizing witness or victim

Mentioned in

Domestic Violence and the Workplace Policy

SUNY at Buffalo, February 23, 2021

“This law requires employers, with prior day notification, to allow time off for victims or subpoenaed witnesses to exercise their rights.”
 
Bibliographic info

1.

Any person who is the victim of an offense upon which an accusatory instrument is based or, is subpoenaed to attend a criminal proceeding as a witness pursuant to article six hundred ten of the criminal procedure law or who exercises his rights as a victim as provided by section 380.50 or 390.30 of the criminal procedure law or subdivision two of Executive Law § 259-I (Procedures for the conduct of the work of the state board of parole)section two hundred fifty-nine-i of the executive law and who notifies his employer or agent of his intent to appear as a witness, to consult with the district attorney, or to exercise his rights as provided in the criminal procedure law, the family court act and the executive law prior to the day of his attendance, shall not on account of his absence from employment by reason of such service be subject to discharge or penalty except as hereinafter provided. Upon request of the employer or agent, the party who sought the attendance or testimony shall provide verification of the employee’s service. An employer may, however, withhold wages of any such employee during the period of such attendance. The subjection of an employee to discharge or penalty on account of his absence from employment by reason of his required attendance as a witness at a criminal proceeding or consultation with the district attorney or exercise of his rights as provided under law shall constitute a class B misdemeanor.

2.

For purposes of this section, the term “victim” shall include the aggrieved party or the aggrieved party’s next of kin, if the aggrieved party is deceased as a result of the offense, the representative of a victim as defined in subdivision six of Executive Law § 621 (Definitions)section six hundred twenty-one of the executive law, a good samaritan as defined in subdivision seven of section six hundred twenty-one of such law or a person pursuing an application or enforcement of an order of protection under the criminal procedure law or the family court act.

Source: Section 215.14 — Employer unlawfully penalizing witness or victim, https://www.­nysenate.­gov/legislation/laws/PEN/215.­14 (updated Sep. 22, 2014; accessed Apr. 13, 2024).

215.00
Bribing a witness 215.05
Bribe receiving by a witness 215.10
Tampering with a witness in the fourth degree 215.11
Tampering with a witness in the third degree 215.12
Tampering with a witness in the second degree 215.13
Tampering with a witness in the first degree 215.14
Employer unlawfully penalizing witness or victim 215.15
Intimidating a victim or witness in the third degree 215.16
Intimidating a victim or witness in the second degree 215.17
Intimidating a victim or witness in the first degree 215.19
Bribing a juror 215.20
Bribe receiving by a juror 215.22
Providing a juror with a gratuity 215.23
Tampering with a juror in the second degree 215.25
Tampering with a juror in the first degree 215.28
Misconduct by a juror in the second degree 215.30
Misconduct by a juror in the first degree 215.35
Tampering with physical evidence 215.40
Tampering with physical evidence 215.45
Compounding a crime 215.50
Criminal contempt in the second degree 215.51
Criminal contempt in the first degree 215.52
Aggravated criminal contempt 215.54
Criminal contempt 215.55
Bail jumping in the third degree 215.56
Bail jumping in the second degree 215.57
Bail jumping in the first degree 215.58
Failing to respond to an appearance ticket 215.59
Bail jumping and failing to respond to an appearance ticket 215.60
Criminal contempt of the legislature 215.65
Criminal contempt of a temporary state commission 215.66
Criminal contempt of the state commission on judicial conduct 215.70
Unlawful grand jury disclosure 215.75
Unlawful disclosure of an indictment 215.80
Unlawful disposition of assets subject to forfeiture
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 215.14’s source at nysenate​.gov

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