[QUOTE=samat3;160419]There is confusion about the “At Will” terminology. Most people think it means a company can fire an employee at will, but that is incorrect.
If a company has a contract with a union on behalf of the employees, AND if the state has an At Will law, then an employee cannot be forced to join the union to work for that company. The employee can work At Will where they want, free of having to join a union.
If the state does NOT have an At Will law, then the employee can be required to join the union when they start work for that company. As a kid growing up in NY, I remember my brother having to join a union to get a summer job shoveling sand at a foundry, because NY had no At Will law, and the company had a contract with a union.
Virginia is an At Will state, and many companies have union contracts, but about half of the employees are not in the union. They get the benefit of the union contract pay, but not any benefits provided by the union itself, if any. This does dilute the power of the union considerably, but allows freedom of choice for the individual.
I am a union member, but support the concept of At Will laws and the freedom it provides. GOD Bless America![/QUOTE]
You are conflating At Will with Right to Work.
This is one of many pages that explain the differences between Right to Work and Employment At-Will.
Getting Your Terms Right: “Right to Work” -vs.- “At-Will Employment”
Authored by: Gary J. Cohen
“This is a right-to-work state and I’ll fire whoever I want for whatever reason I want.” The problem with this statement that employers often make is that “right-to-work” laws involve employee rights during an employment relationship, particularly in the context of labor unions. The “employment at-will” doctrine is what governs employer and employee rights in terminating an employment relationship. Many people wrongfully use the term “right-to-work” interchangeably with the phrase “employment at-will” because they do not understand the difference.
The right-to-work doctrine, originally established in the National Labor Relations Act (NLRA) of 1935, gives employees the option to refrain from engaging in collective activity such as labor organizing and union representation. A right-to-work state is a state that does not require union membership as a condition of employment. In other states, a person applying for a job where the employees are unionized could be required to join the union as a requirement of being hired. Because Arizona is a right-to-work state, employees are not required to be members of a union or pay union dues.
The employment at-will doctrine applies when an employee works for an employer without a written contract, signed by both the employer and employee that sets forth the terms of the employment relationship. This is the situation for the vast majority of employment relationships.
Under the employment at-will doctrine, both the employer and employee can terminate an employment relationship at any time without consequence. The employment relationship can be terminated for any reason or no reason. The employer cannot, however, ever terminate an employee for an “illegal” reason, such as termination based on discrimination against certain protected classes such as sex, gender, race, religion or national origin; violation of the Americans With Disabilities Act; and termination in violation of the Age Discrimination in Employment Act.
So, employers can terminate employees that do not have a written employment contract for any non-discriminatory, non-retaliatory reason. This is because Arizona is an at-will employment state, not because it is a right-to-work state."