Employment Law - What Does it Mean When People Say "This is a Right to Work State"?

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:

Employment Law - What Does it Mean When People Say "This is a Right to Work State"?

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"?
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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.

Employment Law - What Does it Mean When People Say "This is a Right to Work State"?

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:

Employment Law - What Does it Mean When People Say "This is a Right to Work State"?

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"?
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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.

Arizona Employment Law - How Long Does an Employer Have to Pay a Discharged Employee?

Whether an Arizona employee leaves the employ of his employer voluntarily or not, Arizona law requires that a discharged employee be paid all wages due to him or her within a very clearly defined period of time. Arizona employers that fail to comply with the governing statutes face serious penalties, including the possibility of having to pay a discharged employee treble damages and attorneys' fees.

Arizona Revised Statute Section 23-353(A) applies to situations where an employee is terminated or fired by his or her employer. In such cases, the statute requires that wages be paid within three regular working days or by the end of the next regular pay period, whichever is sooner. For example, if an employee is terminated on a Monday and the next regular payday is the following Monday, the employer cannot pay the employee in the regular course, but must pay all wages owed by Thursday at the latest.

Section 23-353(B) is a little more forgiving to employers who have an employee quit. In those cases that employer has until the next regular payday to pay the employee. This section also provides that if the employee requests, the employer must send the payment by mail.

Arizona Employment Law - How Long Does an Employer Have to Pay a Discharged Employee?

Although Section 23-353(D) provides that violation of this statute is a petty offense, the more important penalty to a discharged employee is that found in Arizona Revised Statute Section 23-355, which allows an employee who is not paid as required in Section 23-353 to sue the former employer for "treble the amount of the unpaid wages." Obviously, violation of the statute can become quite expensive for an employer, and lucrative for an employee.

In addition, because the employment relationship is contractual in nature an employee who does bring such a suit may also recover attorneys' fees incurred in pursuing such an action pursuant to Arizona Revised Statute Section 12-341.01.

If you have not been paid wages owed to you in a timely manner, or if you are an employer who has been accused of failing to comply with one or more of these statutes, you should consult with an experienced employment attorney as soon as possible. The failure to make an appropriate claim or defense in a timely manner can be fatal to your case.

Arizona Employment Law - How Long Does an Employer Have to Pay a Discharged Employee?
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Kevin R. Harper is an Arizona employment and business litigation attorney, representing individuals and small businesses throughout the state of Arizona from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. His firm also has an office in Chandler, Arizona and represents individuals and businesses all over the state of Arizona.

For more information about Arizona employment law, feel free to contact Harper Law PLC at 602-889-2616, 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.