§ 215.14 Employer unlawfully penalizing witness or victim.\n 1. Any person who is the victim of an offense upon which an accusatory\ninstrument is based or, is subpoenaed to attend a criminal proceeding as\na witness pursuant to article six hundred ten of the criminal procedure\nlaw or who exercises his rights as a victim as provided by section\n380.50 or 390.30 of the criminal procedure law or subdivision two of\nsection two hundred fifty-nine-i of the executive law and who notifies\nhis employer or agent of his intent to appear as a witness, to consult\nwith the district attorney, or to exercise his rights as provided in the\ncriminal procedure law, the family court act and the executive law prior\nto the day of his attendance, shall not on account of his absence from\nemployment by reason of such service be subject to discharge or penalty\nexcept as hereinafter provided. Upon request of the employer or agent,\nthe party who sought the attendance or testimony shall provide\nverification of the employee's service. An employer may, however,\nwithhold wages of any such employee during the period of such\nattendance. The subjection of an employee to discharge or penalty on\naccount of his absence from employment by reason of his required\nattendance as a witness at a criminal proceeding or consultation with\nthe district attorney or exercise of his rights as provided under law\nshall constitute a class B misdemeanor.\n 2. For purposes of this section, the term "victim" shall include the\naggrieved party or the aggrieved party's next of kin, if the aggrieved\nparty is deceased as a result of the offense, the representative of a\nvictim as defined in subdivision six of section six hundred twenty-one\nof the executive law, a good samaritan as defined in subdivision seven\nof section six hundred twenty-one of such law or a person pursuing an\napplication or enforcement of an order of protection under the criminal\nprocedure law or the family court act.\n
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