§ 215.14 Employer unlawfully penalizing witness or victim.
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 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 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.
.
Link to CJI2d