What the Janus v. AFSCME Decision Means for Government Employees
The Supreme Court’s Janus v. AFSCME ruling states that public employees cannot be required to pay union dues or fees as a condition of employment. Government workers can choose to join and pay union dues or opt out without risking their jobs.
Do I need to "opt out" of the union if I am already paying "agency fees" or "fair share fees?"
If you chose not to join a union, you do not have to pay “agency fees,” “fair share fees,” or fees of any kind to a union. Employers should have stopped taking union fees from the paychecks of non-union members after the Supreme Court’s June 27, 2018 ruling. Check your next pay stub to make sure there’s no charge for union fees. If you still see fees being taken out, this goes against your First Amendment rights under the Janus ruling. Contact us right away, and our lawyers may be able to help.
I am currently a dues-paying union member in a state that required employees to pay union dues or fees before the Janus decision, but now I would like to leave my union. How can I do that?
The decision to stay in or leave your union is one only you can make. If you were a union member in a state that before the Supreme Court’s Janus decision required nonmembers to pay agency fees and now you do not want to be a union member for any reason, you have the ability to exercise that choice and immediately stop paying money to the union. Here’s how:
Notify Your Employer and Union:
Let both your employer and your union know you’re resigning from the union. Use these sample opt-out letters to help:
- [Resignation letter for your union (.doc download
- [Opt-out letter for your employer (.doc download)]
What to Include in Your Letter:
Your resignation letters should state that you are resigning immediately and that union dues should stop being withheld. Also, mention that any previous agreements to pay dues are invalid because they were based on an unconstitutional choice.
Check Your Pay Stub:
Review your next pay stub to confirm that union fees or dues are no longer deducted.
If your employer or union continues to collect fees, denies your right to stop payments, or tells you to wait, contact us to request legal help. Our lawyers may be able to assist.
I am currently a dues-paying union member in a state that did not require non-union members to pay union dues or fees before the Janus decision, but now I would like to leave my union. Can I do that?
Yes, but your ability to resign from the union and stop paying fees immediately may be limited by the authorization agreement you signed when you became a union member. If you have questions about how you can resign from the union in this circumstance, please contact us to request legal help, and our lawyers may be able to help you through the process.
What if I get pushback when I try to opt out of my union?
There’s a lot of misinformation about the Janus ruling and what it means for government workers. Some unions and politicians are making it hard for employees to stop paying the union or trying to scare them into staying by claiming they’ll lose benefits or salary if they leave. Some workers have reported being pressured by unions, told that leaving would hurt their coworkers. This is unfair—the Supreme Court has said every worker has the right to make this choice independently.
The Janus ruling doesn’t stop unions from bargaining or representing workers. Anyone who wants to stay in the union can, and anyone who wants to leave has the right to do so without losing their benefits. Many people leave unions for different reasons, such as feeling unheard or unrepresented. Whatever your reason, it’s your choice.
Can the Liberty Justice Center help if I have trouble leaving my union?
Yes, we are here to help! We fought with Mark Janus all the way to the U.S. Supreme Court to restore his First Amendment rights and the rights of millions of other government employees. We can help you exercise your right to leave the union and stop paying the union. If you are encountering problems or pushback, please contact us to request legal help.
we can help
We’re a non-profit legal organization that helps regular Americans exercise their rights—free of charge. Our attorneys have fought for workers’ rights and won cases in courts across the country, including the U.S. Supreme Court, where we represented Illinois government employee Mark Janus and scored a landmark victory. We can do the same for you.