Topic > At-Will Employment Against Due Process - 1468

When dealing with a person's livelihood and, often, sense of self, it is not surprising that ethical issues related to employment practices are of great concern . Issues related to volunteer work and due process contracts in the workplace are among the most controversial in the employment field. At-will employment is the doctrine that the employment relationship can be terminated, by either party, for good, bad, or no cause at all.1 Due process, on the other hand, is the employment practice in where a person can appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 At-will employment is the standard in most private companies today and is advocated relentlessly by freedom of contract enthusiasts, however , it is becoming increasingly clear that at-will employment contracts reflect the old corporate maxim where the emphasis is on the single end result, profit, and the well-being of other stakeholders, in this case the employee, has little or no influence. Due process should be accepted as the prevailing employment system as it protects employees from the hostile actions of the more powerful employer, provides a stable bilateral contract between both parties, and represents the growing ethical concerns of society. The process of carefully examining each decision and the repercussions of that decision is simply good business practice. Every company reviews their decisions to make sure it's what's right for the company. Layoff practices should be no different. Drawing an arbitrary line at this point to allow an employee to be fired without cause is unethical and shameful business conduct. Due process is simply a valid way to implement the practice of removing an employee from the services of a c...... middle of paper ...... for unproductive jobs to remain in their positions is imprecise and so are the rules of labor apply to individuals in both at-will and due process contracts. The other two main reasons given by Epstein in his article in support of at-will employment contracts are morally impermissible. He argues that the administrative costs of at-will employment are economical. In other words, being able to fire anyone at any time without a political process behind it is simply cheaper than treating employees with respect and dignity. To say that the administrative costs of due process are too great a burden simply demonstrates that at-will employment contracts treat employees as property to be added and removed at the employer's whim. This idea can only be rejected on ethical grounds and in today's business environment is not conducive to the cohesive units that many employers hope to become.