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 reason. 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 the application there is a high number of employees being employed because the cost implications of exiting the industry are less.
Patricia Werhane and Tara Radin in the doctrine of Employment at will, 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 the 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. The 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 employment at will and laws that restrict it defend employment at will because he says that it prevents the employees and the employer from exploiting each other in a negative way. He also says that it is hard for employers to take advantage of the employees because in such events the employees simply quit work. This works in both ways because even the employer can decide to close down his business and dismiss his employees if it does not make the required income that it is supposed to. He also says that employment at risk reduces the legal costs of administering the rules. He suggests that this should be used as the default way in which employers should run their businesses to ensure effective production.
These two theories are wrong because employers always seek to maximize their profits and this mainly involves the exploitation of the employees. Since this applies in the private sector the government intervention is minimal. Also, employees employed using Employment at will do not have any attachment to what they do and hence they often do not take their duties seriously, and thus they are bound to neglect their duties.
Even though not all employers who choose to use the Employment at will deny employees the Due Process to seek an explanation for their demotion or dismissal, the majority of them use it against the employees. The employees do not have any power as long as Employment at will is in practice. The employers dictate what they want from their businesses and the employees have no choice but to deliver and failure to do that leads to dismissal.
My views on this topic are that it is alright to employ workers at will because it leaves the employees and the employers with the freedom at hand to run the business. I however feel that employers should not take advantage of employees by using the Employment at will as an excuse to exploit them. The Due Process should be guided by company lawyers who will help in the protection of the employee’s rights.
Employers should not be in a position to fire employees anyhow without any explanation because that way the employees are not given any chance to defend their actions. Besides, the employers will exploit the employees to a great extent. Following the high rates of unemployment in the world, employers will fire employers and replace them immediately. Also, this weakens the employees’ power to bargain for a better salary because whenever they do they are dismissed without any good reason.
There should be restrictions when it comes to Employment at will so that employees can know what they are walking into. The restrictions should be that failure to abide by the rules laid down by the employer can lead to dismissal from duty without any explanation.
One of the problems related to employment at will involves discrimination at the place of work. Discrimination at work can be in form of gender, race, and ethnicity among other factors. Gender discrimination affects women most of the time. When workers are discriminated against at work, they perform under a lot of pressure and hence they become very vulnerable to dismissal from work. All in all-embracing employment at will can be a good way to run a business if employers and employees embrace it ethically.