Employment at Will Essay

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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…show more content…
On the contrary, employment at will is defended by Richard Epstein in his article “In Defense of the Contract at Will”. He is trying to show that the contract at will “is adopted not because it allows the employer to exploit the employee, but rather because over a very broad range of circumstances it works to the mutual benefit of both parties.” Then I will summarize the benefits of EAW that Epstein provides. The first benefit is the fairness of the contract at will. Epstein concludes that the freedom of contract is an end in itself and so an aspect of individual liberty. While employers own capital, employees own labor. Therefore, they are free to exchange their properties when they see appropriate. Moreover, Epstein criticizes the excess government intervention undermines the freedom of both parties. Thus, EAW can reduce the use of force or fraud in taking advantages during negotiations since either party can cease the relation. Second benefit is utility of the contract at will. In order to rebut banning on the contract at will, Epstein argues individuals know how to govern their own lives. They enter into an “at-will” contract voluntarily according to their self-interest. Then Epstein develops four arguments to show why “at-will” contracts are mutually beneficial. (⮠) Monitoring Behavior. It indicates that it
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