Right to Work State

Kymm · July 2003

I'm hoping someone can help me understand something... I am fairly new to Arizona and have recently been hearing managers/supervisors talk about Arizona being a "right to work" state... but when they are saying that, they are referring to it being "easier" to terminate someone - we can basically do it "without cause" if we want. As I'm from CA I am very familiar with Employment at Will - also realizing that we never want to terminate someone without cause, regardless of "employment at will".. but, when I look up "Right to Work" I am only finding that it pertains to prohibiting the denial of employment because of non-membership in a union. As we are not union, where are they getting the idea that it means being able to terminate with no cause?? Am I missing something??

Margaret Morford · July 2003

You've got it right. They're mixed up and are calling At Will Employment "right to work."

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

PAhr · July 2003

Someone can correct me if I am wrong but my understanding is that a right to work state only refers to the ability to join a union but for all intents and purposes, the state is still employment at will. Meaning employees can leave at will and employers can terminate at will. I too get a little confused by the terminology of it as at will states are not allowed to take any action against an employee who attempts to bring in a union. To me, all the states are the same except Montana.

dynamite9551 · July 2003

it is my understanding that a right to work state refers to employment agreements with non-compete clauses that restrict certain employees from contacting their customers of for a specific period of time. non compete clauses cannot prevent someone from earning a living if they go to work for a competitor who happens to be a competitor of the former employer.

David Nagle VA · July 2003

You and the others who posted all have correctly recognized that someone has incorrectly used "right to work" to describe the employment at will doctrine.

Right to work is more complicated. Under federal labor laws, it is permissible for a union contract (a collective bargaining agreement) to include a provision that requires that all employees become members of the union, UNLESS there is a state law in place which protects the employee's "right to work" without having to become a union member. The National Right to Work Foundation's website can provide you with more information. I am attaching a link which identifies the 22 right to work states. [url]http://www.nrtw.org/rtws.htm[/url]

David Nagle
Editor, Virginia Employment Law Letter
[email]dnagle@leclairryan.com[/email]

Right to Work State

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