Iowa takes great pride in calling itself a “right to work state”. That means simply you can’t be forced to join a union.  Most people that call our office asking about their rights after an injury don't get the gist of really what that means.  There are benefits and there are drawbacks to being a right to work state. I get that there are benefits to employers, but what I don’t get is why as an at-will state, workers don’t have more protections in the event of an injury or ill and have to miss work. That I clearly don’t get. I'm not saying pay them while off, but I am saying save their J-O-B.

You see a right to work state, or an at-will employment situation, is a state that allows its workers to be fired for any reason that isn’t illegal. And what might those illegal reasons be?

It’s illegal to fire someone only if it’s spelled out in the law. And under the VanderPlaats definition of separation of powers the courts would have no room to protect the working stiff sitting before them, unless the Iowa legislature spelled it out in black and white.

The Illegal Firing List

• Jury duty service.
• Filing a workers’ compensation claim.
• Reporting illegal activity, whistleblowers to some degree.
• Being female.
• Religious affiliation and beliefs.
• Creed.
• Color – It’s not all black and white.
• Age in some instances. Being young and dumb will get your fired every time.
• National Guard Duty with some restrictions.

Bottom Line: You don’t have a right to your job. They can fire you for whatever reason they can dream up that isn’t illegal. So if I can fire you for the way you look, smell or act why would I ever fire you for one of the prohibited reasons? You get the picture, it’s not a right to work state as much as it is a right to fire the employee.

Question: I am retiring from a job I have held for 13 1/2 years, for a company based in California. I have almost 300 hours of accrued vacation time, and I gave them 4 months notice that I would be retiring. My company says that they do not pay out for accrued vacation if the particular state law does not require it. In this circumstance, does Iowa require that I be paid for this vacation time or not? Thank you for your help!

My Reply: It all depends on what your employment agreement provided. Employment pay disputes are covered under Iowa Code 91A. Any employment agreement or policy manual that applied to this employment would be important to provide to the attorney that reviews the matter. As you can see it's not in the black letter of the law, it's in the agreement between you and your employer; so look there first.