What Protections Does a Worker Have in a Right-to-Work State? Is It the Same as Employment-at-Will?
Have you ever heard the term “right-to-work” state? Maybe an employer has said something like “we live in a right-to-work state, so I can terminate you at any time for any reason.” Is that correct? Just what is a right-to-work state? Is it the same thing as an “employment at will” state? If not, what are the differences?
What Is a Right-to-Work State?
The right-to-work principle allows workers to choose not to belong to a labor union or to engage in collective bargaining. In those states that follow the right-to-work approach, as set forth in state law, union membership cannot be made a requirement of employment. Accordingly, a person who seeks employment at a company with union employees will not be required to become a member of the union as a condition of employment.
Right-to-work laws are intended to make it more difficult for workers to create and join unions, diminishing the collective power of workers when it comes to negotiating compensation and matters relating to working conditions. Consequently, workers in right-to-work states are paid less, have fewer health and retirement benefits, and suffer from higher workplace-fatality rates.
What Is an At-Will Employment State?
There is a common misperception that the terms “right-to-work” and “at-will employment” are interchangeable. They are not. They are two different legal principles. However, a state can follow both the right-to-work principle and the at-will employment rule simultaneously. Currently, 27 states have a right-to-work law, and 49 states adhere to the at-will employment principle.
In states that follow the at-will approach, any employment is considered to be “at the will” of the parties. That means that either party to an employment relationship—the employer or the employee—may terminate the relationship at any time and for any reason, provided the basis for termination is not in violation of a valid and enforceable employment contract, and is not in violation of law or public policy. Termination of an employee would violate the law and public policy if, for example, it was based on the employee’s race, religion, or sex.
Currently, all states except Montana follow the at-will employment approach. In Montana, a person may be terminated only for just cause, and employers must always cite a valid reason for discontinuing employment.
What Are the Key Differences Between Right-to-Work State and At-Will Employment?
At-will employment has nothing to do with whether a workplace has union employees—the principle applies to all workers in all jobs. Another distinction between the two is when they are applied. Right-to-work laws apply when a person is offered and accepts a job. In states with a right-to-work law, the employee may start work without joining the union, if they so choose, and union membership cannot be a condition of getting the job. The principle of at-will employment comes into play when an employee is terminated.