§ 7-627 Egregious Conduct.
RCNY § 7-627
(a)A fast food employer may discharge a fast food employee for an egregious failure to perform their duties or for egregious misconduct without utilizing progressive discipline.
(b)An egregious failure by the employee to perform their duties means an employee's willful refusal to perform work for the majority of time on a shift.
(c)Egregious misconduct means workplace conduct that is so outrageous, dangerous, or illegal that an employer cannot reasonably expect to correct it through progressive discipline. Depending on the circumstances, examples may include violence or threats of violence, theft, sexual harassment, race discrimination, or willful destruction of property.
(d)An employee's lateness or failure to appear for a scheduled work shift is not an egregious failure to perform job duties or egregious misconduct. (Added City Record 5/24/2022, eff. 6/23/2022)
