Employment At Will and Due Process
The relationship that employers have with the employees is a delicate one that calls for attention because ethical issues emerge very often. In Employment at will and Due Process these issues are inevitable because employers dismiss employees without reasons. The motives of the employers are not known and hence the grounds for dismissal sometimes are valid while others are not. This kind of behavior from employers faces a lot of criticism because legal implications are not administered. Where employment at will is in application there is a high number of employees being employed because the cost implications of exiting the industry are less.
Patricia Warhane and Tara Radin in Employment at Will and Due Process, say that the relationship of the employer and the employee is not bound by any contract or regulation. Hence, the employers have permission to do whatever they please in terms of promoting the employees, demoting them, hiring or firing them. They also say that Due Process refers to the process in which the complainant or dismissed employees go through to seek reasons for the actions of the employer. It gives the employees the opportunity to appeal in opposition to decision made by the employers.
The Due Process works in favor of the employees and hence its services should be mitigated to employees worldwide because most employers highly discourage it. Due process addresses the ethical issues conducted on the employees which are morally wrong. Some of the reasons provided by Patricia Werhane and Tara Radin are that employers have rights that cover them in their line of duty. These rights give the employer the mandate to fire or hire whichever employee they want. This way the employers are not said to violate any laws. They also say that the employers dismiss the labor being provided but not the persons themselves.
Richard Epstein on In Defense of the Contract at Will defends employment at will because he says that...