Employment at Will and Due Process Essay Example | Topics and Well Written Essays - 1750 words

Employment at Will and Due Process - Essay ExampleHowever, at the same time, at will employees approve adjusts parallel to employer prerogatives. They may also forsake their jobs for any rationality 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 drop be used by employees to address their appeal regarding any violation of corrects. Governments are naturally supportive of the growth and prosperity of private business because they kick down 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 ones 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 Radins rejoinders to them are there arguments to EAW that the authors have overlooked or not answered adequatelyThere 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 choice, in this case, manpower resour ces, 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 employers right to hire and fire is balanced by the employees 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, includ ing the knowledge that he/she is an at will employee. It is of the employees free will that he/she accepts an employment