The End of At-Will Employment:

Article

Winter | 2025

The End of At Will employment:

A New Era for New York City Workers and Its Impact on the Workforce

Tom B. Kirkbride

Winter | 2025

The Secure Jobs Act: What's at Stake?

The introduction of Int (Intention) 909, known as the Secure Jobs Act, marks a potential turning point in American labor law, particularly in New York City. If passed, this bill would end at-will employment—a legal framework that allows employers or employees to terminate employment at any time, for any reason, as long as it’s not based on discrimination or a protected class—without prior notice or cause. This legislative change would expand labor protections, such as those granted to NYC’s fast-food workers in 2020, to all workers, extending rights similar to those already held by unionized employees.

This potential transformation raises crucial questions: How would the workplace change if at-will employment is no longer the norm? How should businesses, managers, and government agencies prepare for such a major shift? And what steps can be taken now to retain the flexibility of at-will employment while adapting to new regulations?

The Secure Jobs Act is modeled after the Fair Workweek Law passed in 2020, which protects fast-food workers from arbitrary termination, requiring “just cause” for dismissal, such as misconduct or poor performance, and mandating a progressive disciplinary process. Int 909 seeks to extend similar protections to all industries, offering workers greater job security and shielding them from sudden, arbitrary terminations.

This legislation would represent a significant shift from over a century of U.S. labor practices built around at-will employment. Businesses often argue that at-will employment fosters economic dynamism and operational flexibility, but critics assert that it leaves employees vulnerable to job loss without recourse, particularly low-wage workers.

What a Post At-will employment workplace could look like

If the Secure Jobs Act is enacted, New York City’s labor market would experience notable changes. Without the ability to terminate employees at will, employers would need to meet stricter “just cause” standards before dismissing staff. Here are the key changes this law could bring:

Progressive Discipline: Employers would be required to implement formal disciplinary procedures, including warnings and written notices, before terminating employees. This process would give employees the opportunity to improve their performance, thereby reducing sudden dismissals.
Increased Employee Retention: With fewer employees at risk of abrupt termination, long-term retention may improve, fostering stronger relationships between employees and employers and leading to better workplace morale and reduced turnover.
New Administrative Burdens: Increased job security for employees means additional administrative requirements for employers. Documenting just-cause terminations would require more time, resources, and potentially higher legal costs.
Impact on Small Businesses: Larger businesses with human resources departments may find it easier to adapt to these changes, while smaller businesses could struggle with new legal obligations, possibly leading to hesitation in hiring new employees.
Union-Like Protections: Non-union employees would gain protections similar to those held by unionized workers. This shift may empower employees, but it could also reduce the motivation to unionize, as many of the benefits provided by unions would become law.

Preparing for the end of at-will employment: steps for employers and government agencies

As the debate around Int 909 continues, businesses and policymakers must consider how to balance worker protections with the operational flexibility that at-will employment provides. The following steps can help businesses, managers, and government agencies prepare for this potential shift:

Advocate for Compromise Legislation: Employers may propose a middle ground, advocating for notice periods or severance packages instead of strict just-cause requirements. This would provide employees with greater protection while preserving some employer flexibility.
Implement Best Practices Now: Employers can begin adopting aspects of progressive discipline now, even before the law changes. Introducing performance review systems and clear termination policies will protect against potential legal challenges while fostering transparency.
Strengthen Employee Communication: Open, clear communication is essential, especially in a more regulated environment. By setting expectations and offering regular feedback, employers can prepare for legislative changes while building a stronger workplace culture.
Work with Government Agencies: Collaboration with government agencies will be key in implementing and enforcing the Secure Jobs Act. Businesses should work closely with these entities to create streamlined processes for compliance, reporting, and resolving disputes.
Legal Preparedness: Employers should seek legal counsel to review and adjust employment contracts in preparation for regulatory changes. Developing a legal strategy for terminations and progressive discipline will be crucial if at-will employment is phased out.

public safety agencies and the workplace: the impact on the public sector

If the Secure Jobs Act becomes law, public safety agencies—such as police departments, fire departments, and emergency medical services—will face significant changes. These organizations operate in high-pressure environments where quick personnel decisions are sometimes necessary, and ending at-will employment could add new layers of complexity to how they manage their workforce.

Key considerations for public safety agencies

Just-Cause Termination in Public Safety: Maintaining employee integrity and professionalism is critical in public safety, where public trust is paramount. Ending at-will employment would mean managers must meet stricter just-cause standards, requiring documentation, written warnings, and opportunities for improvement before termination. This could extend disciplinary processes, requiring detailed protocols that meet legal standards without compromising safety or operational efficiency.
Impact on Operational Flexibility: Public safety agencies need the ability to quickly remove underperforming or unethical staff to protect public welfare. Just-cause standards may reduce this flexibility, requiring agencies to strike a balance between employee protections and maintaining high performance standards.
Union-Like Protections: Many public safety professionals are already unionized, but extending similar protections to non-unionized administrative staff could change the internal dynamics of these organizations. Stronger communication and collaboration between management and staff will be crucial to prevent disputes from escalating into legal challenges.
Increased Administrative Requirements: Like private-sector employers, public safety agencies would face increased administrative burdens, requiring enhanced documentation of progressive discipline and terminations. Smaller public safety departments, particularly in rural or underfunded areas, may struggle to meet these requirements without additional resources or training.

Steps public safety agencies can take now

To prepare for the potential changes under the Secure Jobs Act, public safety agencies should take the following steps:

Review Current Disciplinary Policies: Agencies should review and update their disciplinary procedures to ensure they align with evolving legal standards. Establishing clear protocols for just-cause terminations will reduce confusion and minimize legal risks.
Train Supervisors and Managers: Leadership should receive training on the principles of just-cause employment, including proper documentation and progressive discipline techniques, to ensure compliance while maintaining public safety.
Strengthen Communication Channels: Regular feedback and performance evaluations can help address issues early and avoid formal disciplinary actions. Improved communication can also build trust and transparency within the organization.
Collaborate with Legal Experts: Public safety agencies should work closely with legal counsel to develop strategies that align with upcoming legislative changes. Being proactive will reduce the risk of non-compliance and ensure smooth operational transitions.
Leverage Technology for Documentation: Using technology for employee management can streamline documentation and reporting, making it easier to comply with just-cause employment requirements.

Training and policy development: proactive steps for all employers

Businesses and public safety organizations should invest in comprehensive training and policy development to stay ahead of changing employment laws. This includes:

Training for Managers and Supervisors: Implementing training programs on evolving employment laws, especially regarding just-cause terminations and progressive discipline, is essential to ensure legal compliance.
Developing Clear Employment Policies: Employers should establish transparent guidelines for performance reviews, disciplinary actions, and termination procedures, aligning with new legal standards.
Legal Compliance and Documentation: Maintaining thorough documentation will protect businesses from potential lawsuits and ensure employees understand the reasons behind employment decisions.

Conclusion: navigating the future of employment

The Secure Jobs Act represents a major shift in how employment relationships are governed in New York City. Ending at-will employment could enhance job security and reduce economic uncertainty for workers, but it also presents significant challenges for businesses and public safety agencies.

By proactively adopting best practices in communication, progressive discipline, and legal preparedness, organizations can protect their interests while adapting to a new labor landscape. Public safety agencies, in particular, must balance new legal obligations with their mission to protect the public. With thoughtful planning and strategic adjustments, these challenges can become opportunities for more equitable and effective workplace practices.

Tom B. Kirkbride

Judge Tom B. Kirkbride, principal attorney at Kirkbride Law, P.C., licensed in Georgia and Federal Courts is a distinguished employment law attorney with deep expertise in public safety and labor issues. A former U.S. Army veteran and retired Supervisory Federal Air Marshal, Tom has dedicated his career to serving and protecting public safety professionals. His legal practice focuses on proactive solutions to employment law concerns, including Equal Employment Opportunity (EEO) complaints, civil rights matters, and disciplinary actions. With a commitment to justice and a wealth of experience, Tom is a trusted advocate for workers’ rights and employment protections. Judge Kirkbride may be reached at [email protected] | www.kirkbridelaw.com