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.