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LA 6570 Human Resource Law Discussion

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LA6570-Human Resource Law Discussion
At Will Employment
Florida is an “at-will” and “right to work” state. An “at-will” state means an employee, or
an employer can terminate employment for a good reason, a bad reason, or for no reason at all.
It leaves the door wide open on both sides. Neither the employee or the employer has any long-
erm obligations to each other. It gives the employee the freedom to choose where they want to
work, and the business can employ anyone at any time (Bowman, 2002, para. 14). Article 1,
Section 6, of the Florida Constitution sets forth everyone’s right to work in the state. A “right to
work” in the state of Florida means a business cannot refuse to hire, or terminate an employee,
just because the employee does not want to pay and participate in a union. This also means that
an employee can join a labor organization and bargain collectively without the fear of losing
their job (Gov. Scott, 2015, para. 3). An employee has a right to work that is unaffected by
union membership. The National Labor Relations Act (NLRA) disallows a business to interfere
with their employees regarding them exercising their rights relating to organizing, forming,
joining, or assisting a labor organization for collective bargaining purposes, or from working
together to improve terms and conditions of employment.
Per Florida State Statutes; Chapter 447.03:
“Employees’ right of self-organization; Employees shall have the
right to self-organization, to form, join, or assist labor unions or
labor organizations or to refrain from such activity, to bargain
collectively through representatives of their own choosing, and to
engage in concerted activities, for the purpose of collective
bargaining, or other mutual aid or protection” (The 2018 Florida,
2018, para. 1) .

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Florida's Union Regulation Law (Florida Statutes Section 447.01) provides additional
protections outside of the NLRA. This law extends to employees not covered by the NLRA and
the right to organize and bargain collectively. It also sets strict criteria for the conduct of union
activities in the state of Florida (The 2018 Florida, 2018, para. 1).
Pursuant to Florida Statute Section 447.13, all employees in the state of Florida, except those
in the public sector have the right to strike under the law. Unions may not strike without a
majority of employees in the unit voting via a secret ballot. Unions may not unlawfully seize or
occupy property during a labor dispute or interfere with the progress of work because of a
jurisdictional dispute (The 2018 Florida, 2018, para. 13)
Unions are prohibited to picket, pursuant to Florida Statutes Section 447.09, beyond the area
of industry or employment within which a labor dispute arises, or to picket by force or violence
(The 2018 Florida, 2018, para. 9).
References
Bowman, J. S. (2002). At-will employment in florida government: A naked formula to corrupt
public service. Working USA, 6(2), 90. Retrieved from
http://nauproxy01.national.edu/login?url=https://search-proquest-
com.nauproxy01.national.edu/docview/236513433?accountid=36299
Gov. Scott to kentucky: Florida is 'right-to-work' state ready for your business. (2015, Sep 02).
US Fed News Service, Including US State News Retrieved from
http://nauproxy01.national.edu/login?url=https://search-proquest-
com.nauproxy01.national.edu/docview/1708673179?accountid=36299

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LA6570-Human Resource Law Discussion At Will Employment Florida is an “at-will” and “right to work” state. An “at-will” state means an employee, or an employer can terminate employment for a good reason, a bad reason, or for no reason at all. It leaves the door wide open on both sides. Neither the employee or the employer has any longerm obligations to each other. It gives the employee the freedom to choose where they want to work, and the business can employ anyone at any time (Bowman, 2002, para. 14). Article 1, Section 6, of the Florida Constitution sets forth everyone’s right to work in the state. A “right to work” in the state of Florida means a business cannot refuse to hire, or terminate an employee, just because the employee does not want to pay and participate in a union. This also means that an employee can join a labor organization and bargain collectively w ...
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