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The “right to work” laws prohibit companies and unions to force an employee to join the union or pay union fees if he/she wants employment. According to the 1947 Federal Taft-Harley Act, 23 states in the US have right to work laws. These laws are many times confused with “at will” employment. Given below are some of the commonly asked questions about right to work laws: An individual leaves his/her job at a dealership company with an agreement for a payment of $5500 for 3 months. However, he/she was only paid $4233 for a month and fired stating that Florida is a right to work state. Can the employer do this?
The state of Florida is a right to work state. However, this also applies to a person not being forced to join a union or pay union fees unless he/she works for the railroads, airlines or a federal agency. In the situation mentioned above, the relevant law that applies is that Florida is also an at will employment state. This means that the person can be fired by the employer for any reason except for discrimination. He/she may only not fire the employee if there is an employment contract. If the individual had a contract with the employer that he/she will be paid the amount, then he/she may sue the employer for breach of contract. Is the state of Nevada a right to work state? Can a person in this state be fired simply because the employer does not like his/her hair?
The right to work laws of Nevada or any other part of the US may only apply to an employee’s decision to join the union or provide it with financial support. However, Nevada is also an at will employment state. In the situation mentioned above, if an employee is terminated because the employer does not like his/her hair, it may be considered to be discrimination unless how the hair should be is mentioned in the employee handbook as a part of the uniform. Is it possible for an employer to place a person on final written warning without first serving a written warning in the state of Kansas thought it is a right to work state?
The law that governs an employer’s right to terminate an employee is the at will employment law and not the right to work law. However, the employer may only be able to fire the individual if he/she is not doing it on the basis of discrimination, unemployment or worker’s compensation. Is it possible to enforce a non compete clause in a right to work state like Nebraska?
There may be no relation between the non compete clause and the right to work status of Nebraska as it is not an issue of the union. Whether this clause can be enforced or not may depend on how fair it is in defining the length of time the work has been performed, the geographic location and the kind of work that is prohibited. One may speak to a local attorney to get more information on non compete clauses. It is important for a person to understand one’s rights under the right to work law so that he/she can take a good decision about joining a particular company or not. Though, these are confusing, it is important for one to be able to tell the difference between the right to work and at will employment laws. One may ask an employment lawyer if one has any questions regarding these laws.
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