If you’ve spent any time in HR, you’ve probably heard someone say, “This is a right-to-work state, so we can fire anyone at any time!” Well, hold on—that’s not how it works! One of the most common misconceptions in HR is confusing Employment at Will (also called the Mutuality Doctrine) with Right to Work laws. While both relate to employment, they govern entirely different aspects of the employer-employee relationship.
Employment at Will: The Mutuality Doctrine
Employment at Will is a doctrine that means either the employer or the employee can terminate the working relationship at any time, for any reason, or for no reason at all—except for illegal reasons. This applies to most states unless there is an employment contract stating otherwise. The idea behind this is “mutuality”—just as an employee can quit whenever they want, an employer can also terminate them without needing a reason. However, terminations cannot violate discrimination laws, public policy, or whistleblower protections.
Despite its broad definition, employment at will does not mean absolute power to terminate employees without consequences. Wrongful termination claims still happen, and employers should always document performance issues and terminations properly to reduce legal risks.
Right to Work: A Union-Related Law
Right to Work laws, on the other hand, have absolutely nothing to do with termination rights. These laws govern whether employees can be required to join a union or pay union dues as a condition of employment. In Right to Work states, employees cannot be forced to become union members or pay union fees—even if a union is present in their workplace.
Right to Work laws exist in 27 states, mostly in the South and Midwest. The main argument in favor of these laws is that workers should have the freedom to choose whether to financially support a union. Opponents, however, argue that these laws weaken unions by allowing workers to benefit from union negotiations without contributing to them.
Why Does Montana Do Things Differently?
While every other state follows Employment at Will, Montana is the only state where employers must have “just cause” to terminate an employee after they complete a probationary period (typically six months). This means that after an employee is past probation, the employer must provide a legitimate reason for termination, such as poor performance, policy violations, or misconduct.
Montana’s approach aims to provide more job security while still allowing flexibility during the initial probationary period. For HR professionals working in Montana, documentation and performance management are even more critical since terminations must be supported with valid reasons.
Employment at Will vs. Right to Work: Key Differences
Employment at Will applies to terminations, Right to Work applies to unions.
Employment at Will is about employer and employee rights to end the job relationship, Right to Work is about whether unions can require membership or fees.
Right to Work laws do not impact an employer’s ability to fire an employee.
For HR professionals, understanding these two very different concepts is crucial to providing the correct guidance to employees, managers, and business leaders.
Why HR Professionals Should Get This Right
HR professionals are expected to be the trusted source of employment law knowledge in their organizations. Confusing Right to Work with Employment at Will can lead to serious misunderstandings, legal risks, and poor HR practices. Whether you’re advising leadership on terminations or handling union-related questions, knowing the right terminology and legal distinctions will make you a more credible and effective HR leader.
Elga Lejarza
Founder & CEO
Lejarza HR Solutions
