Employment Law

The phrases “at-will” and “right-to-work” regarding employment in North Carolina are relatively well-known.  However, while the terms may be familiar to people, the exact meanings of these phrases seems to remain a mystery. We discussed the concept of employment “at-will” in an earlier article.

The term “right-to-work” means that an employer cannot demand that an employee become a member of a union as a condition of their employment.  In addition, an employer cannot require that the employee pay dues to any union, even if they are not a member.  A person simply has the “right-to-work” in North Carolina without union membership being demanded of them.

North Carolina General Statute § 95-80 states: “No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment.”

North Carolina General Statute § 95-82 further states: “No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization.”

It is important to note that the “right-to-work” statute is not meant as a guarantee of employment.  Its purpose is to prohibit employers from excluding non-union members and from requiring non-union members to pay fees to unions that have negotiated contracts on behalf of the employees.

If you believe that your “right-to-work” is being violated by your employer, you should consult with an attorney who is familiar with this law as soon as possible to discuss the options and remedies that may be available to you.

Many of those employed in North Carolina are familiar with the term “at-will employment.” However, what exactly does this term mean? The phrase “at-will” means that an employer can terminate an employee at any time and for any reason. This remains the case even if the reason for termination is inaccurate, or if there is no reason at all.

As with most things, there are exceptions to the “at-will” rule. Three of the most common exceptions include:

• An employment contract that specifies the terms and conditions of employment, which also limits the employer’s ability to fire the employee “at-will;”
• A termination which violates state and/or federal statutes; and
• A termination that violates a specific public policy.

In addition, although many employers provide their employees with a copy of the company’s employee handbook, the handbook rarely serves as an employment contract.  Two major types of employment contracts are:

• Individual contracts; and
• Collective bargaining agreements/union contracts.

If you are terminated, you may wonder if your termination was in violation of an employment statute.  The most common violations of state and federal employment statutes are:

• A termination based on the discrimination of someone due to their race, national origin, sex, pregnancy, religion, disability, citizenship status, and age;
• A termination that is retaliation for an employee for taking a leave of absence for a serious medical condition;
• A termination that is retaliation for having complained about workplace safety or a work injury; and
• A termination that is retaliation for an employee’s complaint about wage violations or having filed a wage complaint.

There is no all-inclusive list that contains every possible kind of terminations that violate public policy.

If you believe that you have been unlawfully terminated, it is best to consult an attorney as soon as possible in order to determine the options available to you.

 

Many North Carolinians are familiar with the terms “at-will” and “right-to-work” regarding employment. However, while both terms are used in common discourse, they are often misused or used interchangeably. Simply put, the two phrases do not have the same meaning.

So, what exactly do these terms mean? “At-will” employment refers to an employer’s ability to terminate an employee at any time and for any reason. This includes the absence of a reason or an inaccurate reason, as long as certain laws are not violated, such as anti-discrimination laws.

“Right-to-work” means that the employee cannot be required to become a member of a union as a condition of their employment. In addition, the employee cannot be required to pay dues or fees to a union as a condition of their employment. It is important to note that this is not meant to be a guarantee of employment.

In our following two posts, we will be explaining each of these terms in much greater detail.