So my son works for Walmart currently and works about 30 hours a week. A friend of his said that Gamestop was hiring so he went and interviewed their. They said they could work around his hours at Walmart allowing him to work 2 jobs. Today my son calls me and says he can't work for Gamestop now. The manager said since he works for Walmart it would be a conflict of interest. I thought this is a Right to Work state and should have no bearing on whether he stays working at Walmart or not. They even said he could not even get a job with them for 2 years even after he leaves Walmart. Is this true?
Speaking strictly as a sea lawyer, I would say that sounds about right. I believe "Right to work" simply means that there's no such thing as a union shop in NC. You work -or don't- solely at your employers' discretion and they can set most any rules they want within the limits set by the DOL. The employee's or potential employee's- only recourse is to take the employer to civil court, which would be a career limiting move, (i.e. you can never go back). A non-compete clause on the employment agreement costs them nothing and prevents workers from taking their skills to the competition so why not require it? I don't agree with it, but it's just the way it is. Of course, if an employer chose to enforce this agreement they would need to sue the former employee; unlikely unless you're talking about someone with proprietary knowledge of the employer's business.
i don't know the exact rules but the fact that NC is a right to work state, basically means that the employee has little rights. If a boss wants to fire you because he doesn't like you shirt, hair, smile of whatever, he can. Of course he will give you a different reason on paper, but it really doesn't matter. Sad but true....
Like the right to work without being forced to join an organization that is polar opposite in your philosophical political beliefs?
"Right-to-work" means you can not be forced to join a union to have a job with an employer. Everyone at that job may be in the union, have collective bargaining rights, etc., but in NC you do not have to join the union. "At-will" means that your employer can fire you or schedule your hours however he/she chooses as long as no federal/state discrimination laws are violated. Exceptions are if you belong to a union with a contract, have an individual contract, or if you have a personnel policy that covers you at the job you are working.
