Like many other states, Arizona is a Right to Work state. As an Arizona employment attorney I have the opportunity to meet with many employees and employers who are profoundly confused about what the employment law concept of Right to Work really means. Indeed, it seems that most people confuse Right to Work with the equally important but lesser-known concept of Employment at Will.
Arizona is also an Employment at Will state, which means that absent some reason that violates an existing state or federal law, a person may be fired from his or her job without explanation or reason. The Right to Work concept, on the other hand, simply guarantees that no person can be forced, as a condition of their employment, to join, not join, or pay dues to a labor union.
Arizona's Constitution, at Article XXV, states:
Right to work or employment without membership in labor organization.
No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization.
The Arizona Constitution, together with the statutes enacted to give effect to the constitutional provision, provide several important benefits to Arizona workers.
First, as suggested above, by working in a right to work state you have the right to decline to join a union and you cannot be required to pay dues or an agency fee to the union unless you choose to join the union. This includes the vast majority of workers in the state of Arizona, subject to certain exemptions that may apply to employment related to the federal government. Federal employees themselves, however, are typically guaranteed the right to decline in union membership, wherever they may work.
Of course, as with most laws, there are exceptions and you should check with an Arizona employment attorney to discuss your specific situation. For example, railway and airline employees may not be protected by Right to Work laws enacted by the states.
At the end of the day, Right to Work laws may provide important protections, but they do not relate to the typical employee's right to continuing employment. It is important that employees recognize that Right to Work laws are limited to situations involving union membership and should not be confused with the concept of Employment at Will, which simply means that employment is a voluntary relationship between the employer and employee and may be terminated by either at anytime.
The limitations on the Employment at Will concept are much more important in most employment relationships and you should discuss your particular case with an experienced Arizona employment lawyer if you think you have been unlawfully terminated, discriminated against, or harassed.
Employment Law - What Does it Mean When People Say "This is a Right to Work State"? Check For The New Release in Health, Fitness & Dieting Category of Books NOW!
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Kevin R. Harper is an Arizona employment attorney, representing individuals and small businesses from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. Harper Law PLC represents individuals and businesses all over the state of Arizona.
For more information about Arizona real estate law, feel free to contact Harper Law PLC at 602-256-6400, or visit the firm online at http://www.HarperLawArizona.com.
Copyright 2008 Harper Law PLC, all rights reserved.
The above article is designed for informational purposes only and, because every situation is different, is not intended as definitive legal advice. You should not act upon this information without seeking independent legal advice about your individual situation.
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