N.Y. Penal Law § 215.14: Employer unlawfully penalizing witness or victim

§ 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.