NY Crime Victims Legal Help

Help with Employment Issues

There are NY State laws to protect employees who lose their jobs. 

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Workers’ Compensation

If you are injured or become ill (including Covid-19) as a direct result of your job, you may qualify for Workers' Compensation.

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Unemployment Insurance

If you have lost your job, you may be able to receive NYS Unemployment Insurance.

For more information, please visit:

• Get Unemployment Assistance on the NYS website

If you had to quit your job or were fired because of domestic violence, please visit Employment Protections for Domestic Violence Victims. 

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Updated 9.3.24

Laws that Protect Employees

If you are a crime victim, you have these protections in the workplace:

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Time off to go to court

In New York State, it is against the law for your employer to fire you or punish you for missing work to go to court if:

• A prosecutor asks to meet with you
• You are testifying at the trial
• You want to tell the court how the crime impacted you
• You got a subpoena (a written order) to go to court
• You are a witness in a court case
• You want an Order of Protection from Family Court.

You must tell your employer the day before you miss work. You may also have to show proof you were in court. You have the right to ask the police or prosecutor to help you tell your employer that you need to miss work.

If your employer does not follow this law, it is a crime.

Note:  Your employer does not have to pay you when you miss work to go to court.

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Reasonable Accommodations

You may have a disability because of the crime.  Disabilities are long-lasting physical or mental injuries, such as depression or post-traumatic stress disorder.

If you have a disability, you have a right to ask your employer for “reasonable accommodations” under both New York State and federal laws.

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What is a reasonable accommodation?

A reasonable accommodation is a change in the workplace, policies, or procedures. The change lets you:

• Do your job more easily
• Apply for a job
• Enjoy the same job opportunities as other employees

Examples include:

• Changing your work schedule
• Adjusting how a job is done
• Getting more unpaid time off for medical treatment.

You have a right to ask for accommodations, but they must be reasonable. Your employer does not have to make a change that would be too hard or expensive. That’s called “undue hardship.”

For example, if changing your schedule or giving you time off means other employees can’t do their jobs, this would be an undue hardship for your employer.

Your employer must work with you to see if a different accommodation can help.

Note:  Companies that have few employees may not have to provide reasonable accommodations.

It is important to know that you cannot ask to remove an “essential function” of your job.

Examples of essential functions include:

• Collecting money (cashier),
• Talking to callers (call center representative)
• Driving with passengers sitting behind you (taxi driver).

To find more information about disability rights visit the:

• NYS Attorney General’s website,
• Equal Employment and Opportunity Commission
• NYS Division of Human Rights website.

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Protection against Employment Discrimination

It is against the law for an employer to discriminate against an employee.  This means, an employer cannot:

• Hire (or refuse to hire)
• Fire
• Fail to promote
• Pay Less, or
• Treat an employee or job applicant differently

because of their:

• Race
• Country of birth
• Gender identity or expression
• Sex
• Religion
• Disability
• Age
• Citizenship status
• Sexual orientation
• Domestic violence victim status
• Other protected categories.

In NYS, victims of domestic violence have special protections from employment discrimination. Please go to the Employment Protections for Domestic Violence Victims page on this site to learn more.

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What can I do if I experience discrimination at work?

If you think you have been discriminated against, you can file a discrimination claim with the:

• NY Department of Labor
• Division of Human Rights
• Equal Employment Opportunity Commission

There are deadlines to file a discrimination claim. You can check these websites to find out about the deadlines.

 

Updated 9.3.24

Employment Protections for Domestic Violence Victims

If you are a victim of domestic violence, New York State gives you other legal protections.

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Unemployment Insurance Benefits for Domestic Violence Victims

If you can show you left your job for “good cause,” you may be able to get cash  payments from the state.  These unemployment insurance benefits replace part of your salary while you look for a new job.

Note:  You cannot get unemployment benefits if you decide to quit your job without good cause.

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What is good cause?

Good cause means a good legal reason. It is also called a “compelling reason.”

Domestic violence can be a compelling family reason  to leave a job. If staying at your job will put you or a close family member in danger, you may have good cause to quit.

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I was fired because of domestic violence. Can I get unemployment benefits?

Maybe. You may have to show proof of the abuse. Proof can be:

• A police report,
• An order of protection, or
• A statement from a professional who helped you and knows how the abuse affected you.

Even if  you don’t have proof, you can still apply for unemployment benefits. But you must tell the Department of Labor representative why you do not have proof.

For more information about unemployment insurance benefits and domestic violence, please go to NYS DOL Unemployment Insurance and Domestic Violence Guide and Unemployment Insurance DV FAQs. 

For more information about filing an appeal if you are turned down for benefits, please visit the Department of Labor website.

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 Absences from Work for Victims of Domestic Violence

There are 2 different laws that help victims of domestic violence when they need to be absent from work because of domestic violence.

1. Safe Leave

If you are a victim of domestic violence, family offense, sex offense, stalking, or human trafficking, and ask your employer, they must provide sick leave for you to:

• Get services from a domestic violence shelter, rape crisis center, or other services program
• Participate in safety planning or take other actions to increase the safety of you or your family, including temporary or permanent relocation
• Meet with an attorney or other social services provider to get help or to prepare for court
• Meet with a district attorney’s office
• File a complaint or domestic incident report with law enforcement
• Enroll children in a new school
• Take other actions to ensure the health or safety of you, your family, or your coworkers

For more details go to "NYS Safe Leave".

2. Reasonable Accommodation

If your employer knows you are a victim of domestic violence, your employer must make reasonable accommodations to allow you to be absent from work for a reasonable time to:

• Get services from a domestic violence shelter, program, or rape crisis center
• Participate in safety planning or take other actions to increase safety from future incidents of DV, including temporary or permanent relocation
• Seek medical attention for DV related injuries for yourself or your child
• Get psychological counseling for yourself or your child related to incident(s) of DV
• Get legal services, help in the prosecution of the offense, or appear in court in relation to the incident or incidents of domestic violence

You must tell your employer of your need to be absent a reasonable time ahead of the absence. If you can’t tell the employer ahead of time, then your employer can ask you to provide a “certification” such as:

• A police report
• An order of protection
• A letter from the court or prosecuting attorney
• A document from a professional providing treatment or counseling to you or your child for physical or mental injuries from the domestic violence.

Note: Your employer does not have to allow you to be absent if it would cause an undue hardship to the employer. 

For more information go to NYS Division of Human Rights, Employment Rights for Victims of Domestic Violence or the US Equal Employment Opportunity Commission website's ADA page.

 

Updated 9/3/24