Because California is an at-will state, the employer may terminate the employee at any time, with or without cause, and without providing any prior warning. However, the implied and explicit terms of the contract with the workers will determine how much legal risk the Aeroscope manufacturing plant is exposed to. Additionally, California does not have state-specific laws on the procedures the employer must follow with respect to employee complaints and discipline. (Nie, 2012). Consequently, the business is shielded for failing to provide a justification for the discharge. However, the existence of a collective bargaining agreement that protects the employees will determine the legal risk, and if such an agreement does not exist, the business will not be held legally liable. However, the company may run a legal risk for dismissing employees for unlawful actions such as the one outlined which may be considered lawful as employees are seeking protection by a labor union.
Yes, the employee can opt out under certain various options. One of the options is where he may be required to pay a specified amount of money for grievances claims handled by the union on his behalf. Moreover, the right to work policy stipulates that an employee can leave a union if he is unsatisfied: stop paying any union fees without penalty (Charnovitz, 2011). The state protects employee rights and freedom to make decisions regarding their money. The employee may also consider having partial union membership by paying an agency fee for non-political parts of union membership. The employee who is working with U.S airline should first consider consulting the entity management on the remedies of leaving the union and how it may affect his relationship with the employer. In opting out of the union, the worker must consider the time frame available to terminate the contract with the union as there is a period allowed for revocation of paycheck deductions.
References
Charnovitz, S. (2011). The U.S. International Labor Relations Act. ABA Journal of Labor &
Employment Law, 26(2), 311-325.
Nie, C. (2012). Extraterritorial Application of U.S. Employment Laws: Clearing the Murky
Conflicting Foreign Laws Defense. The International Lawyer, 46(4), 1027-1043.
