Wednesday, April 26, 2023

QUORA: ‘Why are the laws called "Right to Work" when in fact they are really "No Right to Work", since they permit an employee to be fired with no reason given and usually no recourse?'

 QUORA: ‘Why are the laws called "Right to Work" when in fact they are really "No Right to Work", since they permit an employee to be fired with no reason given and usually no recourse?


I posted this answer:


I would make the issue clearer by reversing the question: “Why should an employee be permitted to quit a job with no reason given and leave the employer no recourse?” An employer need not give a reason to fire an employee, just as an employee need not give a reason to quit a job. Why should either have to justify their action to anyone? If it’s in one’s best interest, they are free to do it. Both, in fact, have a recourse (in a free, or even in today’s semi-free, market): The fired employee can seek another job, and the employer can hire another worker. An employer who fires a worker is not violating his right to work. Leaving aside prior contractual agreements, the former employee is free to seek work elsewhere. 


Right to Work laws are not literally about the right to work, which is a moral right. The right to work means only that each individual has the right to work to support himself. It does not mean that someone must supply him with employment. 


In actuality, Right to Work laws say nothing about whether or not an employer needs a reason to fire an employee. Right to Work laws are a reaction to compulsory unionization laws, mainly The Wagner Act. That 1935 Wagner Act compels union membership of all associated workers, even if against their will, and compels employers to negotiate with the unions through collective bargaining even if against the company’s will. Right to Work laws, which were authorized by the 1947 Taft–Hartley Act, outlaw union-only shops, even if the company and union voluntarily agree. I understand the impetus for Right to Work laws. Nonetheless, I believe both laws—the Wagner Act and Right to Work statutes—are rights-violating and should be repealed. I wrote an op-ed for The Objective Standard explaining my reasons. 


Related Reading:


End “Collective Bargaining Rights” and “Right-to-Work” Laws


The Future of Organized Labor Should Be Volunterism


 Law-Favored Unions are Quasi-Criminal Organizations


Fast-Food Workers Seek Government Guns to Back Demands


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