Can You Be Fired for Any Reason in a Right to Work State?

Submitted by cendy on Mon, 04/18/2022 - 19:37

Yes, you can be fired in a right to work state. The right to work sounds like it is about the right to have a job, or to keep a job once you have it but in fact the term is related to membership to a labor union.

More than 50 percent of U.S. states have "right to work" laws which offer the guarantee that no person can be forced to join a union or pay union dues, as a condition of their employment. Also, right to work laws may prohibit contracts that enforce the hiring of unionized workers only.

The idea behind the right to work principle is that every individual has the right to join a labor union, but must not be forced to do so.

What is the Right to Work Law?

Right to work law grants workers the right to choose whether or not they’d like to join a union in their workplace. You can choose if you want to join the union or not.

Can You Be Fired For No Reason In a Right to Work State?

Because the right-to-work provision does not have an impact on if you can be fired or not, you can be fired in a right to work state. If you’re an at-will employee, then you can be fired at any time.

You may or may not be fired for any reason in a right-to-work state, because right-to-work laws have absolutely nothing to do with whether or not you can be fired. What does matter is not whether or not the state has the right-to-work law, but rather whether or not it's an at-will state.

What is the Difference Between Right to Work and Employment At-Will?

At-will employment means you can be fired by your employer or you can choose to quit your job for any reason. Right to work means you can join a union or work for a unionized employer without joining the union. Every state except Montana is an at-will employment state.

Quite simply, under the at-will policy, either the employer or the employee may choose to terminate employment at any time for any reason unless it's illegal and you can prove you have been wrongfully terminated.

This may happen if you have been terminated due to any type of discrimination such as gender, race, religion and sexual orientation.  Many union agreements have requirements that employers only terminate for just causes, and that is the reason why many people are confused with the right-to-work laws with at-will laws.

If you believe you have been wrongfully terminated you should speak with a wrongful termination lawyer who will help you file a claim for compensation. It is never easy to prove wrongful termination if you work on an at will arrangement as both parties have the right to fire or quit the job without providing a reason. If the employer has breached federal discrimination laws then a lawyer can help you gather evidence to prove it.

Additional Resources

What Is the Average Wrongful Termination Settlement?

Workplace Retaliation – What Are My Rights?

 

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