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Right-To-Work and At-Will-State

Right To Work

"Right-to-work" has nothing to do with "at-will". The Taft-Hartley Act of 1947 allowed the states to prohibit agreements requiring membership in a labor organization as a condition of employment. In 1953 Alabama passed such legislation, and it is incorporated in Title 25-7, Code of Alabama, 1975. Section 25-7-32 states: "No person shall be required by an employer to become or remain a member of any union or labor organization as a condition of employment or continued employment."

At Will

At-will means that the employee or employer can terminate employment on a moment's notice for any reason - good, bad, indifferent -- or no reason at all. Unless the termination violates federal or state law, company policies, or an implied contract, there is very little that an at will employee can do to protest such action.

For cause employment means the opposite: the employer cannot discharge the employee without a legitimate reason -hence the term for cause. Examples of situations where an employer cannot fire without good reason:

  1. Your company's employment policy requires for-cause justifications for firings.
  2. A contract exists (either implied, oral or written) with the employer that contains such a provision.
  3. The employee is a member of a labor union and protected by a collective bargaining agreement.
  4. The employee is a government employee under the protection of civil service laws.
  5. Your state's law prohibits at will terminations ( Alabama does not.)
  6. Employee termination would violate protective state or federal law (such as whistleblower's protection, civil rights, age, or disability protections). (The term whistle blowing refers, typically, to workplace safety violations of the employer for which a complaint is lodged by the employee to the employer or outside government agency. The employee is protected from retaliation by the employer under these circumstances.)

For cause employment is recognized either in (1) a written employment contract or, (2) in some states, the employer's verbal statements, such as you'll have a job here as long as your performance is satisfactory.