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right to work VS. non-right to work states

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 BigE
(@bige)
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What exactly do those mean? I have probably known this at one time but don't recall.
I'm feeling lazy to look it all up and just want to hear what yee all have to say.
Thanks, E.

 
Posted : January 17, 2012 7:46 am
(@jim-frame)
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Right-to-work laws prohibit closed shops, i.e. you can't be forced to join a union or pay union dues as a condition of employment.

 
Posted : January 17, 2012 7:55 am
 BigE
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I was also thinking one says you can be fired, or let go, for any, or no, reason at any time. Unions would hate the hell out of that for sure.
It almost makes it seem backwards to call them right to work vs. non right to work doesn't it. Well, it does to me sort of.

 
Posted : January 17, 2012 8:00 am
(@just-mapit)
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Big E,
Here's a link about where I hail from.

http://www.nrtw.org/c/vartwlaw.htm

 
Posted : January 17, 2012 8:15 am
(@jon-payne)
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> I was also thinking one says you can be fired, or let go, for any, or no, reason at any time.

E,

That is 'at will employment'. A different concept than right to work.

 
Posted : January 17, 2012 8:19 am
 BigE
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> > I was also thinking one says you can be fired, or let go, for any, or no, reason at any time.
>
> E,
>
> That is 'at will employment'. A different concept than right to work.

Really? I've never heard that phrase 'at will employment' before.
I'm not being a smarty. Honestly, I've never heard that before.
Where did it come from and when does it apply? No job (in any field) I've had ever had anything explicitly stated something like that. At least not that I remember.

 
Posted : January 17, 2012 9:14 am
(@curly)
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Short of forced slavery, isn't all employment "at-will"?

 
Posted : January 17, 2012 9:23 am
(@just-mapit)
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Eric,
Virginia is an "At-Will State". I'll see if I can come up with a history. It's interesting stuff.

well dang that was easy.

http://en.wikipedia.org/wiki/At-will_employment

here's another one.

http://www.rbs2.com/atwill.htm

 
Posted : January 17, 2012 9:26 am
(@chan-geplease)
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From my understanding, and AZ is a 'right to work' state, Jim has it with the union issues. Joining a union can not be a job requirement. At the same time, the employer holds the cards in that they can release people with cause, and not have to deal with union type ramifications. At the same time the employee can walk at any time with no seeming repercussions. Kinda goofy IMO

I understand 'at will' employment to be for temporary type jobs for certain people that are basically unhireable, but willing to do whatever it takes to get paid something. Sort of a you sneeze and you're out scenario.

 
Posted : January 17, 2012 9:34 am
(@jim-frame)
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> I understand 'at will' employment to be for temporary type jobs for certain people that are basically unhireable, but willing to do whatever it takes to get paid something.

At-will is a common practice at the senior management levels, e.g. police chief, department head.

 
Posted : January 17, 2012 9:47 am
(@chan-geplease)
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> At-will is a common practice at the senior management levels, e.g. police chief, department head.

Concur, I was going to mention that but it seems those are more contract employee arrangements. Which in essence is 'at will', wherein either party can cut bait with no cause.

Good topic, especially on the heels of last weeks 1099 debate.

 
Posted : January 17, 2012 9:53 am
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Another common practice is the non compete agreement after you have tendered your resignation. Unenforceable in some states but it also depends on whether you have signed a document (typically after receiving a sign on bonus) which stipulates your basis for hire. Lawyers love this stuff since they are the authors and they will make a few bucks defending their client/corp/co.

Some firms will bait you into to signing the non compete by a severance package. My thoughts have always been the severance package WILL be for the time frame of the non compete. When I was handed one, after 15 years of employment, the owner thought I would sign. I didn't. No need to. I handed him my resignation as an employee and from the board of directors.

 
Posted : January 17, 2012 10:01 am
(@jon-payne)
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> > > I was also thinking one says you can be fired, or let go, for any, or no, reason at any time.
> >
> > E,
> >
> > That is 'at will employment'. A different concept than right to work.
>
> Really? I've never heard that phrase 'at will employment' before.
> I'm not being a smarty. Honestly, I've never heard that before.
> Where did it come from and when does it apply? No job (in any field) I've had ever had anything explicitly stated something like that. At least not that I remember.

It very much depends on the state you are in.

Many states operate under this common law principle. In those states, the 'at will' principle can apply to any job position. As long as you are not hired in under a contract or certain stipulations, you are probably an 'at will' employee in those states. If you have signed any documents, such as acknowledging receiving an employee training manual, you may be able to argue that there is an intent to contract for the position you are filling.

If you are an 'at will' employee it basically means that either employee or employer have the right to end the work relationship at anytime for any reason - because there is no contractual obligation. With the understanding that the employer can not end employment based on violating any of the civil rights of the employee (no firing for discriminatory reasons) or because the employee would not violate laws.

If you are in a state that operates under the 'at will' principle, you will probably never see any documentation explicitly stating the 'at will' intent of employment as that could be claimed to be an implied contract for employment. It will simply be a fact of employment under no contract within that state.

This is where it could kick into P&R. Is 'at will' employment a good or a bad idea? It seems to give both parties a fair amount of freedom to choose. Some would argue that the employee is getting the shaft in such a deal. When not in an at will state, some would argue that the employer is getting the shaft. I have never worked in a state that was not 'at-will', so I have no idea if or how much better off the employee is otherwise.

 
Posted : January 17, 2012 11:38 am
(@jon-payne)
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Kind of funny. I was reading some headlines while having lunch and ran across this article today:

News Article

has some mention of at will employment.

 
Posted : January 17, 2012 12:04 pm
(@deleted-user)
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Police chiefs can opt into civil service.
We just had an interesting tangle in our lil city between the new mayor and the current police chief.
new mayor wanted to axe the chief and it was one of his campaign pledges to bring change to the PD. Chief was in civil service. No can do.

http://en.wikipedia.org/wiki/Pendleton_Civil_Service_Reform_Act

 
Posted : January 17, 2012 12:45 pm
(@true-corner)
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> What exactly do those mean? I have probably known this at one time but don't recall.
> I'm feeling lazy to look it all up and just want to hear what yee all have to say.
> Thanks, E.

Just as a matter of information, for what it's worth, all jobs in England are under a written contract.

 
Posted : January 17, 2012 7:14 pm