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Explain The Five Justifications For Employment At Will

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According to the common-law doctrine, the principle of employment at will is to give both employer and employee the fundamental right to terminate the working relationship any time without the need to provide an explanation. The override exception to this rule is if there’s a written employment contract, agreements, or statues in place. The law has maintained employment at will for this long because the U.S. value individual right and freedom of contract. The law tends to make the assumption that both employee and employer should have the right to enter into an agreement without the interference of the government. Today, a large number of employees in the private sector are considered to be an employment at will. Unlike government employee, at-will employee does not have the right to due process. “Due process is a means by which a…show more content…
First, the proprietary rights of employer guarantee their freedom to hire or dismiss anyone. Second, EAW equally defends both employee and employer. Next, the employee agrees to accept certain responsibilities and acknowledge that she is at will employee. The fourth justification implies that due process rights in the workplace do not exist because it interfered with efficiency and productivity. Lastly, government regulation and legislature of employment relationship undermine the over-regulated economy. Based on my assessment of the five justification for EAW, the author responded to all the questions adequately. In my opinion, the strongest argument is the third reason in which EAW defends the voluntariness of employment contract. He argues that “…the agreement between moral agents require reciprocal obligations and both parties are accountable for it.” (MB, Page 417) If the law protects both sides equally, then the employee has the right to expect the employer to provide the same level of loyalty and respect. Otherwise, the agreement would have benefiting the company
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