employment law question

[Barney Rocks]

Which states are "right to work" states (where people can get fired for no reason at all) and which states are not? Does it make a difference if your company is located in numerous states--or do they just follow the law of the state where you physically work?

[politicat]

1. the 1st? No idea... lots. 2nd? The state where you physically work unless

you have a contract stating that arbitration will take place in another state.

Pcat

[Spinzonner]

2. Try this

http://www.righttowork.org/rtws.htm

The web site appears to be on the "other side" but the info is probably fairly reliable

[Barney Rocks]

5. Thanks for the link.

Wow--all throughout the south! I have a friend who just got a job offer--they said she could go to Atlanta Georgia or Raleigh North Carolina. She asked me--are those right to work states--because she is nervous about taking a job in one--she is in California now. I better tell her that both of these places are not good. California has more protection for workers.

[RoyGBiv]

3. Right to Work

I don't know the answer to your question, other than Oklahoma is one, but you've got the wrong understanding of Right to Work.

Right to Work is a Union busting law, giving companies with a unionized workforce the right to hire employees that do not join the union, i.e. right to work without a union contract.

You're describing "hire at will." Without a specific contract stating otherwise, employees work on an "at will" basis, meaning they can be dismissed (or quit) without notice for pretty much any reason. There are exceptions to this. "Hire at will" is not absolute, i.e. if you're fired for being a minority, if sexual harassment is involved, in some states if your employer created a "hostile work environment," etc. the "hire at will" rules don't apply.

[Barney Rocks]

6. OK that does help a lot.

Yep--definitely a union busting law--and look at that link above--it has been passed in a lot of states! We should be screaming about this!

[RoyGBiv]

8. Screaming About It

Oh, I am.

Oklahoma is a recent convert to "Right to Work." It was billed as this law that would bring more industry to the state.

Mere months after it was passed, one of the biggest employers in OKC, a unionized factory, closed, putting thousands out of work. The only really new heavy employer we've attracted since the law was passed is a Dell support center, whose employees aren't generally unionized anyway.

It's a huge sham.

[Barney Rocks]

9. I will help you fight

If we can organize some people we may be able to get more publicity to this! I hate these anti-union laws. How can people sit back and let them take their protections in the workplace away? UGh! I am mad at seeing how many states are doing this kind of garbage. We need to organize! This should be a DU issue--and it should be a Kerry issue.

[RoyGBiv]

10. Lowered Expectations

It's a lowered expectations thing.

What you will never hear any politician say publicly is that there is a benefit to unemployment for companies the employ people. The benefit is that people become so desperate for a job that they'll take any job, no matter what the pay or the benefits. In turn, these people start to resent unions because they perceive them as an impediment to getting a job. The companies say they can't hire anyone right now because of union rules, the high wages, the high cost of benefits, so people needing a job to survive will oppose union control so they can get a job.

There are companies in OKC who are hiring now who weren't hiring before. They're bringing people on at $8/hr or so with few benefits, if any. Meanwhile, people working alongside them doing the same jobs and who do have a union contract are making $22/hr and have full benefits, so the person working for $8 starts to resent the union employee and the union itself. It's a vicious circle. Opposing Right to Work is harder than merely opposing the measure itself, especially once it is in place.

[Barney Rocks]

11. thanks for improving

my knowledge of this. I feel really upset. Maybe somewhere along the line there will be something that can be done. I feel very strongly about unions and the protections that they provide to workers. It makes me really angry to see our system geared to taking advantage of people who usually cannot do a lot to fight back.

[RoyGBiv]

12. Study History

Go find some books about the history of unions, and not those crappy rags that do nothing but focus on the less savory aspects of them. IOW, stay far, far away from anything that mentions "mob" influence. There is a value to these studies, but they're sensationalized and not reflective of the broader history of unions.

The reason I suggest this is that I fear we are moving rapidly to an era very much like the Gilded Age, and it will take people willing to make the kinds of sacrifices the original union organizers were willing to make. We need people to know what kinds of sacrifices they made. That'll mean a lot of hardship and no small amount of violence in the long run. I don't like thinking that's where we're headed, but I can't come to any other conclusion.

Read about the IWW (The Wobblies). It's inspirational, if tragic in the end.

[Barney Rocks]

13. I will read up.

I do know that my support for unions is quite real--I know a few personal stories from people who worked in the steel mills. One man didn't have union coverage and broke his back on the job--of course he never worked again and was cut off without a penny. The relatives had to ship in and take care of him, fortunately family unity was stronger in those days. Things will be worse if we repeat history--many people no longer have the safety net of a caring extended family to help them out. They will just be F'ed if something bad happens to them. Anyway--it has been good to talk to you, thanks for the good input. I look forward to talking again.

[The Straight Story]

4. I think

it matters which state the company is HQ'd in, but not 100% sure on that.

Ohio is a right to work state, which sucks imo.

[Barney Rocks]

7. I will check on that--

that would be interesting and it may be why so many companies have moved their HQs to southern states? I am reading and getting angry...

[Bozita]

14. K-Mart may move from Mich to Atl, GA --- Say hello to the new WalMart

Michigan is NOT a right-to-work state.

In Michigan, K-Mart's hourly employees ARE union.

[claudiajean]

15. Any multi-state corporation must comply with local employment laws.

Including state, county, city laws that apply to any store locations. The corporate headquarters is immaterial.

For example, Wal-Mart is headquartered in a right to work state with a minimum wage that mirrors the federal minimum wage (and is thus fairly low).

However, in states such as California, Washington, and Alaska that have high state minimum wages, the higher state minimum wage must be paid to the employees of stores in that jurisdiction.

The same goes for states with greater state and local protections of employees in terms of hiring, firing, safety protections, partner benefits, etc.


Edited for clarity