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Employment at Will and Due Process - Essay Example

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1. What is the principle of employment at will Why do you think the law has upheld it so long What are the two aspects of due process What is the current legal situation with respect to due process at work
The principle of employment at will is a common law doctrine that states that an employer has the right to hire, fire, promote, or demote an employee, for whatever reason and whenever the employer wishes…
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Employment at Will and Due Process

Download file to see previous pages... However, at the same time, "at will" employees enjoy rights parallel to employer prerogatives. They may also quit their jobs for any reason whatsoever, including no reason at all, without giving any notice to their employer.
The law has upheld employment at will because it promotes business productivity and efficiency. Besides, there are already existing laws, such as those covering freedom to contract, union agreement, public policy, and the resort to courts, which can be used by employees to address their appeal regarding any violation of rights. Governments are naturally supportive of the growth and prosperity of private business because they contribute to the economy and the general welfare of the citizenry.
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. The two aspects of due process are procedural and substantive. Procedural due process is the right to a hearing, trial, grievance procedure, or appeal when a decision is made concerning one's self. Substantive due process is the demand for rationality and fairness for good reason for decisions.
Currently, the legal situation with respect to due process at work is only available to public-sector employ...
Moreover, unless there is a public policy violation, the law has traditionally protected employers from employee retaliation during court actions.
2. Examine and critically assess each of the five justifications for EAW, as stated on page 308. Which of these arguments is the strongest How persuasive are Werhane and Radin's rejoinders to them Are there arguments to EAW that the authors have overlooked or not answered adequately
There are five justifications for EAW. First is that the proprietary rights of employers guarantee that they may employ or dismiss whomever and whenever they wish. Employees provide a resource, in this case, manpower resources, much like other company resources, which have been deemed necessary by the employer to effectively conduct the business. Therefore, when the employer feels that an employee resource is no longer required, the employee may be dismissed.
Second, EAW defends employer and employee rights equally, in particular, the right to freedom of contract, because an employee voluntarily contracts to be hired and can quit at any time. The employer's right to hire and fire is balanced by the employee's right to accept or reject employment. If any restriction will be imposed on the employer regarding EAW, a similar restriction should be imposed on the employee. If an employee will be protected from being fired, the employer must be similarly protected from having any employee quit employment. Limiting EAW practices or requiring due process would both be coercive
Third, in choosing to take a job, an employee voluntarily commits himself/herself to certain responsibilities and company loyalty, including the knowledge that he/she is an "at will" employee. It is of the employee's free will that he/she accepts an employment ...Download file to see next pagesRead More
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