The Civics Project
Q. What is at-will employment? What is a right to work state?
A. At-will employment means that a person can be fired for almost any reason or for no reason at all. They can also have the terms of their employment, such as salary and benefits, altered. Conversely, it also means that a person can leave a job for any reason. One caveat is that it is illegal to terminate or discriminate against a person for a reason prohibited by law, such as for race or gender.
At-will is the presumed or default employment relationship in the United States. However, this presumption can be altered by contract, which is seen with many higher-level employees. Also, a broader contract, called a collective bargaining agreement, can be negotiated by unions to cover a group of employees.
The relationship between employer and employee is governed by state and federal law.
The federal government passed the National Labor Relations Act (NLRA) in 1935, which governs the formation of labor unions and how they negotiate with employers. One of the key parts of the NLRA is the “closed shop” provision, which allows employers and employees to negotiate collective bargaining contracts that require every employee to pay dues to the union. These are generally known as union security agreements, or “union shops.” The reason for this is to avoid “free riding,” the ability of employees to take advantage of the negotiated benefits, job security and salaries without having to pay dues.
The NLRA...
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