Employment at Will Essay

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Employment at Will: Definitions of Terms

The principle of employment-at-will is one of the major concepts governing labor relations in the United States. Employment-at-will is a doctrine that gives employers the liberty to terminate an employee, or change the terms of an employment contract, at any time without any reason, warning, or explanation. Additionally, the principle also implies that an employee can quit his/her job at any time and for whatever reason. However, in an unstable labor market, or one in which unemployment rates are high, the employer possesses a significant amount of power through the invocation of employment at will. Employment-at-will is a principle that has traditionally been utilized to govern employment relations except in some situations such as in cases where employment contracts, implied contracts, public policy, and good faith and fair dealing exist. Employees rarely if ever have the right to demand greater job security. Therefore, the suitability of this doctrine is questionable from a moral or ethical perspective because it seemingly favors employers over employees. The principle or doctrine of employment-at-will, which is the default arrangement in employment relations, should be abolished and cannot be morally justified since it gives employers more control and power over employment to the detriment of employees.

Confers Too Much Power Onto the Employer

The doctrine of employment-at-will is a common-law rule that has been utilized to govern employment relations with indefinite duration of time. With the exception of labor contracts in the state of Montana, all employment relationships are by default presumed be “at will,” unless the contract specifies otherwise.[footnoteRef:1] Because of this, employers have a far greater degree of control over their relationship with the employee than vice-versa.
Based on the at-will principle, employment relations with indefinite period of time can be terminated either by the employer or employee for whatever reason and at any time.[footnoteRef:2] Yet with few exceptions, being fired for no reason harms a worker who is dependent on that job. This is especially true in areas with high rates of unemployment, or when labor supply outweighs labor demands. Similarly, when the labor market is tight and jobs are scarce, loosing one’s job can lead to mental health issues, exacerbating community-level problems like poverty, and contributing to income disparity throughout the nation. When people lose their jobs and struggle to find work, they also lose their “professional identity.”[footnoteRef:3] Therefore, employment-at-will should be an opt-in clause, allowing both the employer and the employee to determine the parameters of their relationship. Because most wage earning employees in blue collar and other non-specialized, non-professionalized positions already lack bargaining power due to the absence or weakness of labor unions, the at-will common law principle should be abolished. [1: National Conference of State Legislatures. “The At-Will Presumption and Exceptions to the Rule.” http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx ] [2: Alison Doyle, “What Does Employment At-Will Mean?” The Balance, February 10, 2018, https://www.thebalance.com/what-does-employment-at-will-mean-2060493] [3: Liz Ryan. “How At-Will Employment Hurts Business.” Forbes. May 1, 2014, https://www.forbes.com/sites/lizryan/2014/05/01/how-at-will-employment-hurts-business/#6d282d1934d5]

Dishonest

Another reason why employment-at-will is unethical and should be abolished is that it permits too little transparency and too much potential for dishonesty and even corruption. When terminating employment relations, employers and employees are not required….....

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Labor Laws and Employment Contracts

Some exceptions apply to the Employment-at-will doctrine. These exceptions include all situations in which the employment at will doctrine may not apply. The first exception to the employment-at-will doctrine is in cases where employees and employers have collective bargaining agreements. Employees who are members of the worker's unions have pre-negotiated collective bargaining agreements between the employer and the employee. These agreements stipulate the employee remunerations and increment procedure. Such agreements also outline conditions under which an employee may be discharged. The collective bargaining agreements further cover an appeal procedure through which an employee can appeal if he or she feels the termination of their employment… Continue Reading...

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