Assembly Bill A9342

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9342
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law,  in  relation  to  required  notices  for
   employees receiving resignation solicitations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The labor law is amended by adding a new section  219-e  to
 read as follows:
   §  219-E.  NOTICE  TO RESIGNING EMPLOYEES. 1. AS USED IN THIS SECTION,
 "RESIGNATION SOLICITATION" MEANS ANY REQUEST, DEMAND, ENCOURAGEMENT,  OR
 OFFER THAT AN EMPLOYEE RESIGN, INCLUDING A RESIGNATION IN LIEU OF TERMI-
 NATION  THAT  IS  INITIATED  BY THE EMPLOYER. A RESIGNATION SOLICITATION
 SHALL ALSO INCLUDE SITUATIONS WHERE, AFTER BEING TERMINATED, AN EMPLOYEE
 EITHER ASKS THE EMPLOYER, OR IS OFFERED BY THE  EMPLOYER,  TO  HAVE  THE
 TERMINATION  RECLASSIFIED  AS  A  RESIGNATION AND THE EMPLOYER AGREES TO
 THAT REQUEST.
   2. AN EMPLOYER WHO MAKES A  RESIGNATION  SOLICITATION  SHALL,  AT  THE
 POINT  SUCH SOLICITATION IS MADE AND PRIOR TO ANY ACCEPTANCE OF RESIGNA-
 TION, PROVIDE THE EMPLOYEE A NOTICE ON A FORM PRESCRIBED BY THE  DEPART-
 MENT   STATING,   AMONG  OTHER  STATEMENTS  THAT  THE  DEPARTMENT  SHALL
 PRESCRIBE, THAT:
   (A) RESIGNATION MAY ADVERSELY AFFECT THE  EMPLOYEE'S  ELIGIBILITY  FOR
 UNEMPLOYMENT INSURANCE;
   (B) ELIGIBILITY FOR UNEMPLOYMENT INSURANCE IS DETERMINED SOLELY BY THE
 DEPARTMENT,  AND  AN EMPLOYEE MAY FILE A CLAIM REGARDLESS OF WHETHER THE
 SEPARATION IS LABELED A RESIGNATION;
   (C) RESIGNATION MAY AFFECT EMPLOYER-PROVIDED HEALTH  INSURANCE  COVER-
 AGE,  INCLUDING  LOSS OF SUBSIDIES, AND MAY RESULT IN THE EMPLOYEE BEING
 RESPONSIBLE FOR THE FULL COST OF  COBRA  CONTINUATION  HEALTH  INSURANCE
 COVERAGE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14128-01-5
 A. 9342                             2
              

 
   (D) RESIGNATION MAY AFFECT COMPENSATION AND BENEFITS, INCLUDING ELIGI-
 BILITY  OR  VESTING OF BONUSES, COMMISSIONS, EQUITY AWARDS, AND EMPLOYER
 RETIREMENT CONTRIBUTIONS;
   (E)  RESIGNATION MAY TRIGGER REPAYMENT UNDER EMPLOYER PROGRAMS SUCH AS
 TUITION PAYMENTS, RELOCATION, OR SIGN-ON BONUSES AND THAT SUCH  EMPLOYEE
 SHOULD REVIEW SUCH COMPENSATION AGREEMENTS PRIOR TO RESIGNING;
   (F)  RESIGNATION  MAY  AFFECT  ELIGIBILITY  FOR  CERTAIN  BENEFITS  OR
 PROTECTIONS, INCLUDING DISABILITY BENEFITS OR  IMMIGRATION-RELATED  WORK
 AUTHORIZATION;
   (G)  RESIGNATION  MAY  AFFECT ACCESS TO INTERNAL GRIEVANCE, APPEAL, OR
 ARBITRATION PROCEDURES AVAILABLE TO CURRENT EMPLOYEES;
   (H) RESIGNATION MAY AFFECT YOUR ABILITY TO PURSUE CLAIMS IN  COURT  OR
 ARBITRATION,  INCLUDING YOUR AVAILABLE REMEDIES SUCH AS REINSTATEMENT OR
 BACK PAY, AND DEFENSES THE EMPLOYER MAY RAISE, AND  THAT  RESIGNING  MAY
 WAIVE CERTAIN CLAIMS;
   (I) IF THE EMPLOYEE BELIEVES THEY HAVE A CLAIM AGAINST THEIR EMPLOYER,
 THEY SHOULD CONSULT WITH AN ATTORNEY BEFORE RESIGNING;
   (J)  PURSUANT  TO  THIS  SECTION,  THE  EMPLOYEE'S RESIGNATION MADE IN
 RESPONSE TO A RESIGNATION SOLICITATION  IS  NOT  EFFECTIVE  UNLESS  THEY
 RESIGN IN WRITING;
   (K)  THE  EMPLOYEE IS NOT REQUIRED TO RESIGN IF THEIR EMPLOYER DEMANDS
 THAT THEY DO SO; AND
   (L) PURSUANT TO THIS  SECTION,  ANY  RULE,  STATEMENT  OR  CONTRACTUAL
 PROVISION WAIVING OR LIMITING AN EMPLOYEE'S RIGHTS UNDER THIS SECTION IS
 VOID.
   3. SUCH FORM SHALL ALSO INCLUDE:
   (A)  A SPACE DENOTING THE DATE THAT SUCH FORM WAS SENT TO THE EMPLOYEE
 WHICH SHALL BE COMPLETED BY THE EMPLOYER;
   (B) A WEB LINK OR PHONE NUMBER TO REQUEST THE CONTENTS OF SUCH FORM IN
 A DIFFERENT LANGUAGE; AND
   (C) A COMPLAINT CONTACT NUMBER FOR THE DEPARTMENT.
   4. THE FACT THAT AN EMPLOYEE IS IN RECEIPT OF  THE  FORM  REQUIRED  BY
 THIS SECTION SHALL NOT BE CONSIDERED A RESIGNATION.
   5.  THE  FORM  PRESCRIBED  IN  SUBDIVISION  TWO OF THIS SECTION MAY BE
 PROVIDED ELECTRONICALLY OR IN PERSON.
   6. AN EMPLOYER SHALL RETAIN A COPY OF SUCH  FORM  AND  THE  MEDIUM  IN
 WHICH IT WAS SENT FOR A PERIOD OF THREE YEARS.
   7.  THE  FORM  SHALL ONLY BE CONSIDERED TO BE RECEIVED BY THE EMPLOYEE
 WHERE SUCH FORM IS PROVIDED TO THE EMPLOYEE  INDEPENDENT  OF  ANY  OTHER
 DOCUMENTS  AS  SOON AS PRACTICABLE FOLLOWING A RESIGNATION REQUEST BEING
 MADE BY THE EMPLOYER.
   8. WHERE AN EMPLOYER CONTESTS  AN  EMPLOYEE'S  UNEMPLOYMENT  INSURANCE
 ELIGIBILITY,  IT SHALL SUBMIT A COPY OF THE NOTICE AND PROOF OF DELIVERY
 TO THE DEPARTMENT, AFFIRMED UNDER PENALTY OF PERJURY  THAT  SUCH  COPIES
 ARE TRUE AND CORRECT COPIES OF SUCH FORM AND NOTICE.
   9.  WHERE  AN  EMPLOYER  FAILS  TO  PROVIDE SUCH FORM REQUIRED BY THIS
 SECTION TO AN EMPLOYEE AFTER SOLICITING A RESIGNATION AND SUCH  EMPLOYEE
 RESIGNS  SUCH RESIGNATION SHALL BE DEEMED A NON-DISQUALIFYING SEPARATION
 AND AN INVOLUNTARY QUIT. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
 SION, AN EMPLOYER SHALL NOT BE BARRED  FROM  ASSERTING  A  DISQUALIFYING
 REASON OTHER THAN THE EMPLOYEE'S RESIGNATION.
   10. AN EMPLOYER THAT FAILS TO PROVIDE SUCH FORM TO THE EMPLOYEE WHEN A
 RESIGNATION  SOLICITATION  IS  MADE OR AS SOON AS PRACTICABLE AFTER SUCH
 RESIGNATION SOLICITATION IS MADE OR FAILS TO SUBMIT  SUCH  FORM  TO  THE
 DEPARTMENT  WHEN  CONTESTING THAT EMPLOYEE'S CLAIM FOR BENEFITS SHALL BE
 DEEMED TO HAVE WAIVED ANY DEFENSE  BASED  ON  THE  EMPLOYEE'S  VOLUNTARY
 A. 9342                             3
 
 SEPARATION. SUCH EMPLOYER SHALL BE PRECLUDED FROM INTRODUCING OR RELYING
 UPON SUCH FORM IN ANY SUBSEQUENT PROCEEDING RELATED TO THAT SEPARATION.
   11.  REGARDLESS  OF  THE DEPARTMENT'S DETERMINATION, WHERE AN EMPLOYER
 FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION, OTHER THAN SUBDIVI-
 SION EIGHT OF THIS SECTION, SUCH EMPLOYER  SHALL  BE  ASSESSED  A  CIVIL
 PENALTY THAT IS THE GREATER OF TWO THOUSAND DOLLARS PER VIOLATION OR TWO
 TIMES THE TOTAL SUM OF ANY AMOUNTS REQUIRED TO BE REPAID TO THE EMPLOYER
 BY  THE  EMPLOYEE  SUCH  AS  BONUSES  OR TUITION PAYMENTS, REGARDLESS OF
 WHETHER OR NOT SUCH EMPLOYER PURSUES SUCH REPAYMENT.
   12. ANY RULE OR CONTRACTUAL PROVISION  ELIMINATING  OR  AUGMENTING  AN
 EMPLOYEE'S RIGHTS WITH RESPECT TO THIS SECTION SHALL BE DEEMED VOID.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.