Employment at Will

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Topics: Employment
Employment at Will When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of employment. In Werhane’s paper, “Employment at Will and Due Process”, she indicates “the principle of EAW is a common-law doctrine that states that , in the absence of law or contract, employers have the right to hire, promote, demote, and fire whomever and whenever they please.” However, “Due process is a means by which a person can appeal a decision in order to get an explanation of that action and an opportunity to argue against it.” From his view point, Due process should be extended to all employees since it is more ethical and fair to them. Nevertheless, the court rarely votes for a fired “at-will” employee unless an employer violates the public policy. Werhane presents common reasons to justify EAW provided by its proponents, and then shows her objections to each justification. The first argument is about the proprietary rights of employers and firms. Employers thus might hire or fire whomever and whenever they wish based on these rights. It indicates employers do not violate the rights of persons, but dismiss labor from the activity of working. Therefore, labor and person need to be distinguished because only labor is controlled by employers rather than persons. Nevertheless, Werhane said the proprietary rights of

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