Ask HR

A former employee who was fired for cause was denied unemployment benefits from DOL and has appealed the decision. Our board has been advised by our outside HR provider to not have contact with the former employee to make sure they don’t provide any support for the appeal or a legal claim. Is that a valid concern?

Yes, it is a valid concern.

Let’s break it down and explore why.

Once an employee is terminated—whether or not for cause—a former employer should have policies to govern the post-employment relationship.

At a bare minimum, these policies should address:

[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]

Great questions!

Let's tackle[1] them:

Is this true?

Yes.  If you would like to look up the text of the law, which went into effect on November 13th, 2023, you can find it here: https://www.nysenate.gov/legislation/laws/LAB/590.

[Editor's note: "Ask HR" got this question from an academic library. As readers will see, the question and answer explore issues about identity that may impact some readers deeply.  We welcome your comments on how to address questions of about personal and sensitive topics in the work environment effectively and compassionately; comments may be sent to [email protected].]

From the legal perspective, this question has a very simple answer: when it comes to gender, people should be referred to in the way they request to be referred to.  So, until the student informs you that the way they wish to be addressed (by name, pronoun, or honorific) has changed, it is good to stick with the last thing they told you.